The Popcorn Factory® - 30 Gift Giveaway Sweepstakes - Official Rules

The Popcorn Factory® - 30 Gift Giveaway Sweepstakes

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1.                   Eligibility: The 30 Gift Giveaway Sweepstakes (the “Sweepstakes”) is open only to legal residents of the continental United States who are at least eighteen (18) years old at the time of entry. Employees of The Popcorn Factory, Inc. (”TPF”), and its’ parent and affiliate companies, licensees, contractors, vendors and/or franchisees as well as the immediate family (spouse, parents, siblings and children) and household members of each such individuals are not eligible. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2.                   Sponsor: The Popcorn Factory, Inc., 13970 West Laurel Drive, Lake Forest, IL 60045.

3.                   Timing: The Sweepstakes begins on October 1^st, 2009 9:00am EST and ends on November 23, 2009 12am EST (the “Sweepstakes Period”).

4.         How to Enter: NO PURCHASE NECESSARY. During the Sweepstakes Period, visit www.thepopcornfactory.com/30giftgiveaway and completely fill out the online entry form.

Limit: One entry per email address during the Sweepstakes Period

Limit: One prize per entrant

5. Winner Selection: Sponsor will randomly select the potential Sweepstakes winners from all eligible entries on or about the November 24, 2009.  Odds of winning will depend on the total number of eligible entries received.

6.         All potential sweepstakes PRIZE winnerS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of any prize, unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.

7.         Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all terms and conditions. The potential Sweepstakes winners will be contacted via the email address they provided upon entry.  Winners (parent/legal guardian if winner is a minor in his/her state of residence) may be required to sign and return to TPF, an affidavit of eligibility and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable.  If a potential Prize winner does not claim their prize within one week after the drawing and email notification the prize shall be forfeited.  In the event a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded.

8.                   Prizes:

1^st Prize Winner - One (1) Winner

Winner shall have ninety (90) days from date winner is verified and awarded their prize to order any thirty (30) gifts from The Popcorn Factory website located at www.thepopcornfactory.com for themselves, their Family, Friends and Colleagues!!!  Shipping and Handling within the continental United States is included at no cost to the winner.  (Approximate Retail value (”ARV”) will range from $359.70 - $5,999.70 USD depending on the gifts selected)

2^nd Prize Winner- Thirty (30) Winners

Each Winner receives a 2-gallon 3-way Peace, Love and Popcorn Tin (PC # P17230) and a Peace Love and Popcorn T-shirt.  ARV $44.99 USD each)

3rd Prize Winner - Thirty (30) Winners

Each Winner receives a Peace Love and Popcorn T-shirt (ARV $20.00 USD each)

Prize is valued:  T-shirt valued at $20.00

No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s’ sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES FOR THE ENTIRE SWEEPSTAKES: $2,309.40 - 7,949.40 USD depending upon the items selected by the First Prize winner.

9.         Release: By receipt of any Sweepstakes prize, winner agrees to release and hold harmless Sponsor and their respective subsidiaries, affiliates, franchisees, distributors, advertising/promotion agencies, vendors, contractors and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

10.        Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, now known or subsequently created, without further payment or consideration.

11.        General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12.        Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or other means; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously lost, or otherwise destroyed, entrant’s sole remedy is another entry in the Sweepstakes provided if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in their sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.

13.        Disputes: Except where prohibited, entrant agrees: (1) 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, and exclusively by the United States District Court in and for the Eastern District of New York or the appropriate New York State Court located in Nassau or Suffolk County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Entrants hereby consent to jurisdiction in the state of New York and agree such jurisdiction is the most appropriate and convenient for resolution of disputes related to this Sweepstakes.

14.        Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s’ Privacy Policy located at http://www.thepopcornfactory.com/security

15. Sweepstakes Results: For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “30 Gift Giveaway Sweepstakes Winners/Rules”, c/o The Popcorn Factory, 13970 West Laurel Drive, Lake Forest, IL 60045.  Requests for winners list must be received by December 31, 2009. © 2009 The Popcorn Factory, Inc. All Rights Reserved.