1. Sponsor/Administrator: The Sponsor of the Sweepstakes is World Kitchen, L.L.C., 5500 N. Pearl, Suite 400, Rosemont, IL 60016 USA (“Sponsor”). The Administrator is Aspen Marketing Services, Inc., P.O. Box 935, West Chicago, IL 60186 USA (“Administrator”).
2. NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
3. Eligibility: Sweepstakes open to legal residents of the 50 United States, the District of Columbia, and Canada, who are 18 years of age or older at the time of entry. Void in Puerto Rico and wherever prohibited by law. Employees of Sponsor, Administrator, and each of their respective parent companies, affiliates, subsidiaries, divisions, licensees and advertising and promotion agencies (collectively “Sweepstakes Entities”) and the immediate family members of each (parent, child, sibling, spouse) and those living in their same household are not eligible to enter. Sweepstakes subject to all applicable federal, state, provincial/territorial and local laws and regulations. By entering, you (or your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) agree to be bound by these Official Rules and the decisions of the Sponsor and/or its agents.
4. Sweepstakes Period: Sweepstakes starts July 1, 2009 at 12:00:01 a.m. EST and ends July 31, 2010 at 11:59:59 p.m. EST ("Promotional Period").
5. Entry: During the Promotional Period, enter online by going to www.livingthesmartlife.com
and complete and submit an entry form, which requires you to enter your name, date of birth, e-mail address and a valid home address (P.O. Boxes are not permitted). You will receive one entry. Use of any automated system to submit entries or entry via third party Web sites is prohibited, and any and all such entries will be disqualified. Entries will be rejected if entry form is not fully completed and submitted during the Promotional Period. No other method of entry will be accepted. Limit one (1) entry per person/day during the Promotion Period. If it is discovered that you attempted to enter more than once per day, all of your entries will be void.
Sponsor and Administrator are not responsible for incorrect, inaccurate transcription or loss or delay of entry or prize confirmation text message, technical hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electric, which may occur in the processing of the entries or distribution of prizes in this Sweepstakes or which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s mobile phone or computer related to or resulting from participating in this Sweepstakes. Incomplete entries will not be considered. All entries become the property of Sponsor and will not be returned.
6. “Living the Smart Life” Extra Entry: During the Promotional Period, you will have the opportunity to automatically earn one extra entry into the Sweepstakes by viewing the “Smart Living in the Kitchen with PYREX®” product information video at www.livingthesmartlife.com. The entire PYREX® product information video must be viewed in order to receive the extra entry. Limit one (1) extra entry per person during the Promotional Period.
7. Tell a Friend Program: After you enter the Sweepstakes online, you will be invited to submit the name and valid e-mail address of one (1) friend, who is eligible to enter the Sweepstakes. This friend will receive an e-mail notifying them about the Sweepstakes, which e-mail may identify you as having recommended that the e-mail be sent. You may only refer persons with whom you have an existing relationship and from whom you have received permission to provide their e-mail address to Sponsor, and by whom e-mail from you or Sponsor would not be considered spam. No duplicate e-mail addresses will be accepted. You will be given one (1) additional entry into the Sweepstakes on each day you enter and refer a unique friend during the Promotional Period. Limit one (1) additional entry per person/per day.
8. Prize Drawing: A random drawing will be held on August 30, 2010 in St. Petersburg, Florida at 4:30 p.m. EST from among all eligible entries received during the Promotional Period to determine the eligible winner of the Prize. As such, there shall be no allocation of prizes based upon the state, district, province or territory of the entrants. The Sweepstakes Administrator will conduct the random drawing and its decisions on all matters pertaining to the Sweepstakes are final and binding on all entrants without right of appeal. The selected entrant (and his/her parent or legal guardian if a minor in his/her place of residence) will be notified by mail, e-mail and/or phone and may be required to sign an affidavit of eligibility (which affirms that they have complied with these rules), as well as a liability/publicity release (where permitted by law) (or Declaration and Release, if Canadian Resident) which if issued, must be completed, signed and returned within ten (10) business days from date of issuance or the prize will be forfeited and may be awarded to an alternate winner. If prize or prize notification is returned as undeliverable or in the event of noncompliance with these Official Rules, prize will be forfeited and the Sponsor reserves the right to select an alternate entrant. United States Residents Only: Each selected entrant will be required to return a completed Form W-9 to Sponsor. If a U.S. winner refuses to provide a fully completed W-9 for such prize within ten (10) business days after request is made for the same, said winner will be disqualified and an alternate winner will be selected. Canadian Residents Only: Each selected entrant will be required to correctly answer a time-limited skill testing question, without assistance, in order to be eligible to receive prize or such prize will be forfeited. The skill testing question will be provided in the Declaration and Release form and must be correctly answered and returned with the signed Declaration and Release within ten (10) business days after receipt.
9. Prize, Odds and Approximate Retail Value (ARV): Prize: There will be one (1) Prize of $17,645.00 USD/$22,245.05 CAD to be used only toward the purchase of a new 2011 smart fortwo™ vehicle pursuant to these rules. Prize will include the entire purchase price of vehicle selected paid to dealer, including sales taxes, delivery, dealer preparation or optional equipment, up to a maximum amount of $17,645.00 USD/$22,245.05 CAD. Prize will not cover income taxes, title, license, registration, insurance or other third party charges. Prize will not cover any costs or expenses in excess of $17,645.00 USD/$22,245.05 CAD set forth herein. Any difference between $17,645.00 USD/$22,245.05 CAD and the actual total cost of vehicle selected will not be awarded. The value of the Prize represents the Sponsor’s good faith determination of the approximate retail value thereof and actual fair market values, as ultimately determined by Sponsor, cannot be challenged or appealed. In the event the stated approximate retail value of the Grand Prize is more than the actual retail value of the Grand Prize, the difference will not be awarded in cash. Any costs in excess of the Prize are the responsibility of the winner. Odds of winning the above prize depend on the number of eligible entries received. No cash redemption of the prize. No transfer of the prize. Prize may not be substituted, except by Sponsor for a prize of equal or greater value if due to prize unavailability. Prize Winner is responsible for all applicable taxes, insurance, licensing, emissions package (California residents only), registration and title fees, as well as the costs of any options not included on the prize. The Prize shall be delivered to the dealership closest to Prize Winner’s residence, as chosen by Sponsor. It may take at least five (5) months from the date of prize notification for Prize Winner to take possession of the vehicle. The Prize Winner must be a licensed driver and must present a current valid driver’s license and proof of insurance prior to taking possession of the vehicle. The Prize Winner must take delivery within sixty (60) days of the delivery of the vehicle at the dealership or the prize shall be forfeited and an alternate winner may be selected. Prize won will not cover taxes. Prize Winner is responsible for all income taxes for the full value of the Prize.
10. General Prize Restrictions/Total ARV: No prize substitution or transfer of prize permitted, except by the Sponsor due to prize unavailability. Prize may be different from that pictured in advertising. Value of Prize will vary depending upon the residence of the Prize Winner. Sponsor, in its sole discretion, may provide Prize Winner with the prize cash value in the currency of the winner’s residence, if such winner resides in an area where the smart fortwo™ car is undeliverable. Residents of Alaska and Hawaii are only eligible for the prize cash value in the currency of the winner’s residence, payable by check. Acceptance of a prize constitutes permission for the Sponsor and its designees to use winner’s name and likeness for advertising, promotional and other purposes in any and all media now and hereafter known without additional compensation or notice unless prohibited by law. Winner acknowledges that neither Sweepstakes Entities nor their directors, employees or agents, have made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms thereof, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. The total prize ARV is $17,645.00 USD/$22,245.05 CAD. Conversion rate is as of March 31, 2009.
11. Release: The Sponsor, Sweepstakes Entities, Sweepstakes Administrator, smart USA Distributor, L.L.C., Daimler A.G. Company, Mercedes-Benz Canada, Inc., any Internet access providers and their respective parents, affiliates, divisions, licensees, subsidiaries, divisions, and advertising and promotion agencies, and each of the foregoing entities’ respective employees, officers, directors, shareholders and agents (the “Released Parties”) are not responsible for incorrect or inaccurate transfer of entry information, human error, technical malfunction, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access Web sites, damage to a user’s computer system (hardware and/or software) due to participation in this Sweepstakes or any other problem or error that may occur. Entrant’s sole remedy is to submit another entry in the Sweepstakes during the Promotional Period. Multiple entrants are not permitted to share the same e-mail address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple or different e-mail addresses, identities, registrations, logins or any other methods will void all entries by that individual and that individual may be disqualified. By entering, participants (or their parent or legal guardian if under the age of majority in their jurisdiction of residence) agree to release and hold harmless the Released Parties from and against any and all claims, actions and/or liability for injuries, loss or damage of any kind arising from or in connection with participation in and/or liability for injuries, loss or damage of any kind, to person or property, arising from or in connection with participation in misuse and/or entry into this Sweepstakes, participation in any Sweepstakes-related activity or use of any prize won.
12. Limitation of Liability: Entry materials that have been tampered with or altered are void. If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any Web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of this Sweepstakes and processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, subject to the approval of the Regie des Alcools, des courses et des jeux (“Regie”) in Quebec, Canada, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, Sponsor will conduct a random drawing to award the prize from among all eligible, non-suspect, entries received prior to the time of the action or event warranting such cancellation. Sponsor and its agents are not responsible for any errors, misprints or typographical mistakes in any printed or electronic advertising of the Sweepstakes. In the event of a dispute as to who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized Online Account Holder” is defined as the person assigned to an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. Potential winners may be required to show proof of being the authorized account holder. Any attempt by an entrant or any other individual 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 an attempt be made, the Sponsor(s) reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
13. Disputes: In the event of any discrepancy or inconsistency between the English language version of these Official Rules and Conditions and the French language version of these Official Rules and Conditions, the English language version shall govern and control. Except where prohibited, entrant agrees that 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. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, excluding attorneys’ fees. Entrant hereby waives all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for out-of-pocket expenses. This Sweepstakes is governed by the laws of the State of Illinois and all entrants hereby submit to the jurisdiction and venue of Cook County, Illinois for the resolution of all claims and disputes.
14. Privacy: By entering this Sweepstakes, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the contest and in accordance with Sponsor’s Privacy Policy, www.worldkitchen.com/index.asp?pageId=55, unless the entrant otherwise agrees.
15. For Quebec Residents Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Regie. Any litigation respecting the awarding of the Prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.
16. Winners List: To obtain the name of the Prize Winner, send a self-addressed stamped envelope to PYREX Living The Smart Life Sweepstakes, c/o Aspen Marketing Services, Inc., P.O. Box 935, West Chicago, IL 60186 USA. Deadline for requests is September 30, 2010. Winner lists will be sent once all winners have been verified. Canadian residents may omit return postage.
PYREX® is a registered trademark of Corning Incorporated, used under license by World Kitchen, L.L.C. All rights reserved. © World Kitchen, L.L.C.