Lindt Discover EXCELLENCE Sweepstakes and Instant Win Giveaway
NO PURCHASE NECESSARY: OPEN ONLY TO LEGAL RESIDENTS OF THE U.S., 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY
1. Entry Period: The entry period for the Lindt Discover EXCELLENCE Sweepstakes and Instant Win Giveaway (“Promotion”) begins 12:00:01 A.M. Eastern Time (“ET”) on September 1, 2011 and ends 11:59 p.m. ET on December 31, 2011 (“Promotion Period”). For purposes of these Official Rules, a day (“Day”) is defined as a consecutive twenty-four hour time period during the Promotion Period, starting at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET. Sponsor’s computer is the official time keeping device for this Promotion.
2. ELIGIBILITY: This Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. This Promotion is void in all other jurisdictions and where prohibited or restricted by law. Employees, officers and directors of Lindt & Sprüngli (USA) Inc. (“Sponsor”), Circle One Marketing (“Promotion Administrator”), Don Jagoda Associates, Inc. and their respective advertising agencies, subsidiaries, parent companies, distributors, divisions, agencies and affiliates (collectively, “Promotion Entities”), and their immediate family members (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter/play or participate in this Promotion.
3. How to Enter the Sweepstakes:: To enter the Sweepstakes, visit www.LindtExcellence.com(“Website”) during the Promotion Period and complete and submit the online registration form as prompted. You will have an opportunity to get a “stamp” as indicated on the Website. Throughout the Promotion Period, new destinations will appear as indicated on the Website (8 total). Click where indicated to receive a stamp for each destination. A new destination will appear every 2 weeks throughout the 16 week Promotion. For each stamp that you get you will receive one (1) entry into the Sweepstakes’ Grand Prize drawing (8 total). Limit eight (8) Grand Prize entries per person throughout the Promotion Period. Entries must be completed and received by Sponsor during the Promotion Period to be eligible for the Grand Prize.
4. How To Play the Instant Win Giveaway: : After you register to enter the
Sweepstakes, you will automatically advance to the Instant Win Giveaway page where you will be instantly notified if
you are deemed a potential winner (subject to verification of eligibility) of one of the Instant Win Giveaway prizes.
One hundred twenty two (122) computer generated winning times will be randomly generated throughout the Promotion Period
to award one hundred twenty two (122) daily Instant Win Giveaway Prizes. If you are the first entrant to play the Instant
Win Giveaway at or after one of the randomly generated times, you will be a potential winner of the prize indicated,
subject to verification of eligibility. If you are a potential winner, you will be notified via email with instructions
on how to claim your prize. If you receive a message that contains any message other than a winning prize message, you
are not an instant prize winner. Limit one (1) online Instant Win Giveaway play per registered user per Day throughout
the Promotion Period.
For all entries/plays:. In the event of a dispute as to any entry/play, the Authorized Account Holder of the email address used to submit the entry/play will be deemed to be the entrant. The “Authorized Account Holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address at the time of entry/play, provided that person meets all eligibility requirements set forth in these Official Rules. Entrants may not participate with multiple e-mail addresses, nor may entrants use any device or artifice to enter/play multiple times per Day or as multiple entrants. Any entrant who attempts to participate with multiple e-mail addresses, under multiple identities or uses any other device or artifice to enter multiple times per Day will be disqualified from participation in the Promotion. If by reason of programming or other error, more daily Instant Win Giveaway prizes are claimed than the number of prizes set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the prizes in that category. No more than advertised number of prizes will be awarded.
ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR PROMOTION ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES OR ONLINE INSTANT WIN GIVEAWAY SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL ONLINE SWEEPSTAKES AND/OR INSTANT WIN GIVEAWAY WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. NEITHER SPONSOR NOR PROMOTION ADMINISTRATOR WILL ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF THE 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.
5. Agreement to Official Rules and Decisions: By participating in this Promotion, each entrant (and, if a minor in his/her state of residence, the minor and the minor’s parent or legal guardian) fully and unconditionally agrees to be bound by and accepts the terms and conditions of these Official Rules and the decisions of Sponsor and Promotion Administrator (including, without limitation, decisions regarding eligibility of entrants, the selection of winners, and the awarding of the prizes), which are final and binding in all respects.
6. Grand Prize Random Drawing and Grand Prize/Instant Win Prize Winner Notification: The Sweepstakes Grand Prize winner will be selected in a random drawing on or about January 6, 2012, from among all eligible entries received by Sponsor during the Promotion Period. The random drawing will be conducted by the Promotion Administrator, whose decisions will be final on all matters relating to this Promotion. All eligible winners who are determined winners (either through the Grand Prize random drawing or Instant Win Giveaway randomly generated winning times) must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential Grand Prize winner and potential Instant Win Giveaway First Prize winners (or the parent/legal guardian if a winner is a minor in his/her state of residence) will be required to execute and return a notarized affidavit of eligibility/release of liability and/or publicity release (where legal) within ten  days of attempted notification. Affidavit packages will be sent to potential winners via mail or email. Instant Win Giveaway Prizes (excluding the Instant Win Giveaway First Prizes) will be automatically sent to the winners within 6-8 weeks after winner notification, to the address submitted at the time of registration. If any prize or prize notification is returned as non-deliverable, or any potential winner is disqualified for any reason, the prize will be forfeited. In the event that the potential Grand Prize winner is disqualified for any reason, or the Grand Prize notification is returned as non-deliverable, an alternate winner will be selected in a random drawing from among all eligible Sweepstakes entries received.
7. PRIZES/APPROXIMATE RETAIL VALUE (ARV)/ODDS:
Sweepstakes Grand Prize: One (1) Sweepstakes Grand Prize - The Grand Prize winner will receive $5,000, awarded in the form of a check made payable to the verified winner. Odds of winning the Grand Prize depend on the total number of eligible entries received throughout the Promotion Period.
Instant Win Giveaway Prizes: Two (2) Instant Win Giveaway First Prizes. Each First Prize consists of and is limited to: a year's supply of Lindt chocolate (as determined by Sponsor in Sponsor’s sole discretion) and a Lindt gift basket. (ARV: $634.62 each). Approximate odds are 1 in 443,500. Five (5) Instant Win Giveaway Second Prizes. Each Second Prize consists of and is limited to: a Lindt gift basket. (ARV: $94.62 each). Approximate odds are 1 in 177,400. Fifteen (15) Instant Win Giveaway Third Prizes. Each Third Prize consists of and is limited to: a Sponsor specified Lindt Cookbook and 10 EXCELLENCE Lindt bars (awarded as a coupon booklet). (ARV: $60.90 each). Approximate odds are 1 in 59,134. Twenty-five (25) Instant Win Giveaway Fourth Prizes. Each Instant Win Fourth Prize consists of and is limited to: A $50 American Express gift card. (ARV: $50 each). Approximate odds are 1 in 35,480. Seventy-five (75) Instant Win Giveaway Fifth Prizes. Each Instant Win Fifth Prize consists of and is limited to: 10 EXCELLENCE Lindt bars (awarded as a coupon booklet). (ARV: $25.90 each). Approximate odds are 1 in 11,827. The approximate odds of winning any Instant Win Giveaway Prize are 1 in 7,271. Total ARV for all prizes: $10,848.34. Numerical odds are approximations based on historical data. Odds are ultimately dependent on the total number of eligible game plays received per Day during the Promotion Period and the time in which they are received. Unclaimed Instant Win Giveaway Prizes will not be awarded. Gift cards are subject to restrictions and an expiration date may apply.
THE NUMBER OF PRIZES AVAILABLE FOR THE ONLINE INSTANT WIN GIVEAWAY WILL DIMINISH AS PRIZES ARE CLAIMED THROUGHOUT THE PROMOTION PERIOD. SPONSOR DISCLAIMS ANY AND ALL LIABILITY FOR CONTINUING TO ADVERTISE SUCH PRIZES.
For all prizes: Prizes are non-transferable and non-assignable, and are not refundable, and must be accepted “AS IS” and as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value for any reason as determined by Sponsor in its sole discretion.
Taxes:All applicable federal, state, and local taxes on prizes are the sole responsibility of the prize winners.
8. General Conditions: Sponsor reserves the right, in its sole direction, to terminate, modify or suspend this Promotion if, in Sponsor’s sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion. In such event, Sponsor reserves the right in its sole discretion (but does not have any obligation) to (i) award the Sweepstakes Grand Prize at random from among all eligible, non-suspect entries received up to the time of suspected impairment and (ii) award the Instant Win Giveaway prizes claimed by verified winners prior to termination, modification or suspension. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry/play process or the operation of this Promotion or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision or any other provision of the Official Rules.
9. Publicity: Except where prohibited by law, participation in the Promotion shall constitute permission of Sponsor, its parent and affiliated companies, or its agents, to use each winner’s name, prize won, hometown, likeness for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
10. Release: By entering the Promotion, each entrant forever and irrevocably releases and holds harmless the Promotion Entities, their officers, directors, shareholders, employees, and agents (collectively, the “Released Parties”) from and against any liability whatsoever, and waives any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this Promotion or delivery, mis-delivery, acceptance, possession, use or misuse of or inability to use prize or participation in this Promotion or any Promotion-related activity (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. Limitations of Liability: The Released Parties are not responsible for: (a) incorrect or inaccurate transcription of entry/play information or late, mistranscribed, delayed or incomplete entries/plays received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this Promotion; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Promotion, the processing of entries/plays, or the announcement of winners; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Promotion, or from viewing or downloading any material from the Website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Website by a hypertext link. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Disputes: Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Merrimack County, New Hampshire; entrant submits to the sole and exclusive personal jurisdiction to said courts in the State of New Hampshire for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of New Hampshire, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New Hampshire, United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Hampshire.
14. Winners List: : For a list of prize winners, available after January 20, 2012 through February 20, 2012, send a self-addressed, stamped envelope to Lindt Discover EXCELLENCE Sweepstakes Winners, 100 Marcus Drive (Dept. AL), Melville, NY 11747.
15. Sponsor/Promotion Administrator:The Sponsor of this Promotion is Lindt & Sprüngli (USA) Inc. (“Sponsor”), One Fine Chocolate Place, Stratham, NH 03885-2592. The Promotion Administrator is Circle One Marketing, 10 Norden Place, Norwalk, CT 06855.