The Legal Stuff
CONAGRA SCAN IT SCORE IT INSTANT WIN GAME
FULL OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING D.C.) WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF PARTICIPATION. VOID WHERE PROHIBITED.
1. TO PLAY:
ConAgra Scan It Score It Instant Win Game (the "Game") begins at 12:00:01 a.m. ET on 8/15/11 and ends at 11:59:59 p.m. ET on 5/31/2012 ("Promotion Period). LIMIT: One (1) Game play per person per week per method of entry. A "week" is defined as the Seven Day period beginning at Sunday 12:00:01 a.m ET to the 11:59:59 p.m. ET the following Saturday. Each person may participate using only one (1) e-mail address OR mobile phone number to play the Game per week, and such e-mail address/mobile phone number may only be used by one person, regardless of whether the e-mail address/phone number is shared by two or more people. Any participant who uses more than one (1) e-mail address or mobile phone number to play the Game each week may be disqualified, and any prizes won may be forfeited at the Sponsor’s sole discretion. If more than one (1) entry is received from the same person, e-mail address or phone number in a single week, only the first entry received will be considered valid. All Game plays must be completed by 11:59:59 p.m. ET on 5/31/2012. There are two (2) ways to play the Game:
(a) TO PLAY USING THE QR CODE AND SMS: To participate in the Game using the ConAgra Scan It Score It QR Codes, look for specially marked marketing materials in stores wherever ConAgra Products are sold. You will find a custom ConAgra Scan It Score It QR Code . Scan the QR Code using a QR Code reader on your smart phone. The QR Code will open up an SMS Message to 78247 with a pre-designated Keyword. If you do not have a QR Reader on your phone you can simply Text the Keyword designated on the poster in to 78247. Send this keyword by SMS message to 78247. By participating via text, you consent to receive text messages from the Sponsor regarding this Game. If you enter by text message, you will receive one (1) text message response for each entry. Message and data plan rates may apply to each message sent or received. You will then be sent back a message asking to verify your age. Once you have verified your age you will be notified if you as to what prize you have won that week. You will be sent a message including a link to a mobile website and a redemption code. Follow this link and you will be asked to provide your phone number you used to text in and the redemption code that was provided to you. Once you have successfully completed this, you will be asked to provide your shipping information to receive your prize or you will be provided with your downloadable content immediately. Message and data plan rates may apply to each message sent or received. Other charges may apply; check your provider’s mobile plan for rates/details. Participation may not be possible on all carriers. To cease receiving messages regarding the Game, send the word "STOP" to short code 78247. You will not receive future text messages regarding the Game except for notification if you are selected as a potential winner. Proof of sending a text message or e-mail does not constitute proof of delivery/receipt. By sending in a text message to 78247 with a designated Keyword you are agreeing to these official rules. There is a limit of one(1) entry per person via text per phone number per week.
(b) TO PLAY ONLINE: Visit http://www.scanitscoreit.com (the "Website") at any time during the Promotion Period and: (a) electronically agree to these Official Rules; (b) follow the online instructions to complete all required fields to register on the Website and enter the Promotion; and (c) follow on-screen instructions. Upon completion of the registration process, you will automatically be notified of your prize. Information collected from Entrant via the entry form will only be used for direct marketing purposes if Entrant consents to use in such manner. Any requested opt-in consent is not required to enter the Promotion and will not increase your chances of winning. There is a limit of one (1) entry per person and per email address per week. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries by that Entrant. In the event of a dispute over who submitted an entry, the authorized subscriber of the email account used to participate in the Promotion at the actual time of entry will be deemed to be the Entrant and he/she must comply with these Official Rules. The authorized account subscriber is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or assigned a Twitter account by Twitter.com.
Internet access and a valid e-mail address are required for an online or e-mail entry, and an MMS enabled phone is needed for a text message entry. Entrants must fully complete and submit all required data to be eligible; incomplete entries are null and void. In case of a dispute as to the identity of a participant, Game play will be declared made by the authorized account holder of the mobile telephone number or e-mail address used at the time of participation. "Authorized Account Holder" is defined as the natural person who is assigned a mobile telephone number by the wireless carrier as shown on the carrier’s billing records, or is the natural person assigned 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 submitted e-mail address. All submissions become the exclusive property of the Sponsor and will not be acknowledged or returned. By playing the Game, participants agree to be bound by these full Official Rules and the decisions of the judges, which shall be final, binding and conclusive on all matters.
2. WINNER DETERMINATION AND NOTIFICATION:
Text notifications will be sent within twenty-four (24) hours of Game play. If any prize notification (text ) is returned as undeliverable, that prize will be forfeited. Participants who play the Game via SMS text will receive a text message response, and participants who play the Game via online will receive their notification immediately upon playing. Responses will indicate and the prize won .Text responses will include a unique personal identification number (a "PIN") and a Web address for the prize redemption. You are not a winner of any prize unless, and until, your eligibility is confirmed. PINs may not be duplicated, shared, transferred, assigned, sold or purchased. You are not a winner if you do not receive a winning response containing a PIN. All winners are subject to verification and compliance with these full Official Rules. QR Codes and Keywords are not used to determine winners. The time of day when you play the Game during the Promotion Period, as recorded by the Game technology, will solely determine whether or not you are a potential winner. If multiple Game play submissions are received at exactly the same time, the Game technology will assign each a different, next available, unused time. If no Game play is received at one of the computer generated, randomly predetermined, winning times/dates, then the first Game play submitted immediately following such time/date will be the potential winner of the prize. Sponsor’s Web site computer is the official timekeeping device for this Game.
There are approximately 1,652 prizes to be awarded with this program. Prizes will be assigned at random and will be given away based on the winner determination outlined in Section 2 of these rules. The prizes are:
- • 18 Samsung galaxy tablets (ARV $499.99 USD; $8,999.92 USD Total )
- • 100 live nation event tickets (ARV $100 USD each; $10,000 USD Total)
- • 4 American Express gift cards ($500 each; $2,000 USD Total)
- • 100 iPod shuffles (ARV $49 USD each; $4,900 USD Total )
- • 50 Skull Candy head phones (ARV $49.99 USD each; $2,499.5 USD Total )
- • 1000 itunes gift cards (ARV $15 USD each; $15,000 USD Total )
- • 380 itunes gift cards (ARV $25 USD each; 9,500)
All entrants will also receive free downloadable content to be determined by the Sponsor
Total ARV of all prizes to be won in this promotion is $52,899.32
Please Allow 8-10 Weeks for delivery of any prize.
While Supplies Last.
4. SPECIAL PROMOTION LIMITATION AND GENERAL TERMS:
Any attempts by an individual to access the Web site, redemption site, mobile site, or Game technology via a bot script robotic program, script, automated means, macro or other brute-force attack will result in that individual’s mobile phone number and/or e-mail address becoming ineligible and such entries disqualified. Sponsor, in its sole discretion, reserves the right to cancel or modify the Game without notice or liability if Web site or Game technology becomes infected with a virus, or is technically corrupt, or if the Game otherwise cannot operate as planned or for any other reason as determined by Sponsor. In the event Sponsor prematurely terminates the Game, Sponsor will conduct a random drawing from among all eligible Game participants who played the Game prior to termination to award the prizes, subject to the prize limitations set forth in Section 2 of these Official Rules. Sponsor is not responsible for printing or typographical errors in any Game-related materials. Any prize depicted in promotional packaging, point of sale, or otherwise in connection with this Game is for illustrative purposes only and may not be the actual prize that is awarded or received. Sponsor and its affiliates, subsidiaries, parent company and agencies assume no responsibility for any loss or damage to any participant’s or to any other person’s computer or mobile device relating to, or resulting from, playing or downloading any information or software in connection with the Game. Sponsor and its agents are not responsible for technical, hardware, software or telephone/Internet malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, or by any of the equipment or programming associated with or utilized in the Game, or by any human or other errors that may occur in connection with the Game. If any of the foregoing malfunctions, errors, fraud, unauthorized intervention or defects render the Game incapable of being operated as planned or corrupt the integrity, affect the administration, security, or fairness of the Game, Sponsor, at its sole discretion, may suspend, alter or cancel the Game immediately and conduct a random drawing from all eligible entries received prior to termination as set forth above. Under no circumstances will more prizes than those set forth in these full Official Rules be awarded. If a technical error, or the like, occurs that results in more potential winners than available prizes for a particular prize level, Sponsor may elect to hold a random drawing from all eligible claims received to award the indicated number of prizes for the level of prize in dispute. Any use of micro, automatic, programmed, robotic, or like methods will void all such Game plays by such methods, and participants using such methods will be disqualified. Sponsor further reserves the right to disqualify any individual who tampers with the entry process or attempts to defraud the Game in any other way. Sponsor may prohibit a participant from playing the Game or redeeming any prize from the Scan It Score It redemption site if it determines that said participant is attempting to undermine or has undermined the legitimate operation of the Game by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other participants. Any attempt by any participant or any other individual to deliberately damage, interfere with, or undermine the legitimate operation of this Game is a violation of criminal and/or civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these full Official Rules shall not constitute a waiver of that provision.
Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to SPONSOR. Entrants agree to these Official Rules and to all decisions of SPONSOR, or their designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose. As a condition of participating, Entrants agree that: (1) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS under the rules of the American Arbitration Association ("AAA"); and (3) 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 attorney’s fees. SPONSOR reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of SPONSOR corrupt or impair the administration, integrity or security of the Promotion. The Promotion Entities and each of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by SPONSOR, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Entrant’s ability to participate and/or redeem prizes in the Promotion. SPONSOR reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the 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 Entrants to the fullest extent of the law.
The laws of the State of Ohio shall exclusively govern the Promotion. By accepting prizes, winners agree that SPONSOR and PROMOTIONAL PARTNERS may use each winner's name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the winners’ responsibility. Taxes on and in connection with all prizes are the sole responsibility of each winner. SPONSOR, or its designated agent, may issue a Form 1099 to each winner for any prize with an ARV of $600 or more. Prizes are not transferable. No prize, cash or other substitutions allowed except at SPONSOR’s sole discretion or as otherwise provided herein. SPONSOR reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. SPONSOR’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including, but not limited to, any federal or state governmental authority), SPONSOR reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, SPONSOR shall have no liability to any Entrants who are disqualified due to such an action.
5. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. GAME SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING D.C.), WHO ARE AT LEAST 18 YEARS OF AGE AT TIME OF PARTICIPATION. GAME BEGINS AT 12:00:01 a.m. ET ON 8/15/11 AND ENDS AT 11:59:59 p.m. ET ON 5/31/12.
Employees (and household family members of such employees) of Sponsor and each of its respective parents, affiliates, subsidiaries and its advertising, promotion and fulfillment agencies and its affiliates are not eligible. Void where prohibited or otherwise restricted by law. All federal, state and local laws and regulations apply.
6. RELEASE OF LIABILITY:
Except where prohibited, by participating in the Game, you agree to release and hold harmless the Sponsor, Brandmovers, and their respective parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees, agents, licensees, and assigns, and sponsors, advertisers, partners and agencies (the "Released Parties") from and against any claim or cause of action arising out of participation in the Game or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Game; (b) technical errors or interruptions related to computers, mobile devices, software, servers, or telephone or network lines; (c) printing or typographical errors; (d) errors in the administration of the Game or the processing of Game play submissions; (e) late, lost or undeliverable text messages, mail, e-mails or shipments; or (f) injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from your participation in the Game, or receipt or use of a prize.
8. WINNERS LIST:
For a list of winners, send a self-addressed, stamped envelope by 9/30/11 to: Brandmovers PO Box 94079 Atlanta, GA. 30377
This promotion is sponsored by ConAgra Foods having a place of business at 1 ConAgra Drive Omaha, NE 68102.
This promotion is sponsored by Brandmovers Inc, having a place of business at 512 Means Street, Suite 101, Atlanta, Ga. 30318