OFFICIAL RULES
Borden Ultimate Fan Sweepstakes Giveaway
NO PURCHASE NECESSARY TO ENTER FOR A CHANCE TO WIN. OPEN TO LEGAL RESIDENTS OF ALABAMA AND MISSISSIPPI. VOID OUTSIDE ALABAMA AND MISSISSIPPI AND WHERE PROHIBITED BY LAW.
By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification.
ELIGIBILITY. This Borden Ultimate Fan Sweepstakes (the “Sweepstakes”) is open only to residents of Alabama who are at least 19 years old and Mississippi who are at least 21 years old as of the date of entry. Borden Dairy Company (“Sponsor”), Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, and any other person or entity associated with the Sweepstakes (all such entities collectively referred to herein as the “Sweepstakes Entities”) and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes
SWEEPSTAKES PERIOD. The Sweepstakes begins on September 17th, 2012 and ends on November 14th, 2012 (the "Sweepstakes Period").
HOW TO ENTER. In order to enter the Sweepstakes, visit www.bordenultimatefan.com (the "Website”) during the Sweepstakes Period and follow the online instructions to complete and thereafter submit the entry form by (i) creating a user name, (ii) providing the following information: Email Address, First Name, Last Name, Street Address, City, State, Zip Code, Date of Birth (collectively, "Entry Information" and together with the user name, a "Profile") and (iii) agreeing to the Official Rules. All required Entry Information must be completed in full, and be accurate and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. After creating a Profile and agreeing to the Official Rules, entrant will automatically receive one entry into the Sweepstakes (a "Sweepstakes Entry"), and such entry will be included in up to 4 of the Drawings described below. Limit 1 Profile per person (based on email address) and one entry via this method per person. Registrations received 3 days before a Drawing Date (see below) will be eligible for that drawing and all subsequent drawings. During the Sweepstakes Period, Borden gallons, half-gallons, quarts and pints (each a "Product") will each include a double-sided sticker on its product cap “Elsie Sticker.” Unique codes will be placed underneath such stickers, and consumer, upon purchasing a Product, can reveal a code and enter such code on entrant’s Profile. For every code entered, 1 additional entry will be assigned to entrant for the Sweepstakes (a "Sweepstakes Entry"). You may enter without a purchase after registration by sending a 3"x5 card with your name, address and user name to Borden's Ultimate Fan Sweepstakes P.O. Box 165428 Irving, TX 75016. Entries received by a Drawing Date will be entered into that drawing and all subsequent drawings. Enter as often as you wish by mail but each entry must be mailed separately. Any attempted form of entry other than as described herein is void. Proof of submitting an entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Final eligibility for the award of any prize is subject to eligibility verification as set forth below.
PRIZE DESCRIPTION. There will be 4 separate drawings to select 4 total winners. Each prize package includes: 4 stadium tickets to one of the following games:
In addition, Borden will treat each winner to the Ultimate Fan Experience. The Ultimate Fan Experience includes:
Winner is solely responsible for any transportation and lodging expenses and all costs, incidentals, and any other expenses associated with receipt or use of prize not specifically mentioned as being included. Prize and prize notification will be sent to an address only within Alabama and Mississippi. Any depiction of prizes in Sweepstakes materials or otherwise are for illustrative purposes only. Sweepstakes Entities are not responsible for delays in delivery of prize. Sweepstakes administrator is not the guarantor of any prize. The approximate retail value of each prize is approximately $200.00.
TAXES. All federal, state, local or other taxes arising from participation in the Sweepstakes or award of any prize including, without limitation, income taxes are the sole responsibility of the winner.
WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by 4 random drawings (each a “Drawing”) from all eligible entries on or about:
| Game: | Alabama vs. Mississippi State; | Drawing: | October 18 2012 |
| Game: | Alabama vs Texas A&M | Drawing: | November 3, 2012 |
| Game: | Alabama vs. W. Carolina | Drawing: | November 10, 2012 |
| Game: | Alabama vs. Auburn | Drawing: | November 17, 2012 |
All non-winning entries from a Drawing will be included in subsequent drawings. All potential winners will be notified by email and/or telephone. If a potential winner cannot be contacted, does not respond within (24) hours from the date the Sponsor first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Sweepstakes or receive a prize, and an alternative potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Sweepstakes, including without limitation such individuals will be declared a “winner” of the Sweepstakes.
ODDS OF WINNING. Odds of winning a prize depend on the total number of eligible Sweepstakes Entries received during the Sweepstakes Period.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. There are no substitutions for prizes except by Sponsor due to prize unavailability or for any other reason, in which case a prize of equal or greater value will be substituted.
CONSENT AND RELEASE. By entering the Sweepstakes, each entrant releases and discharges the Sweepstakes Entities from any and all liability whatsoever in connection with this Sweepstakes, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and photograph of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sweepstakes Entities of any and all Claims in connection with the administration of this Sweepstakes and the use, misuse or possession of any prize; (iii) potential winner may be required to sign an affidavit of eligibility (iv) no additional travel expenses will be awarded should a parent or legal guardian be required to accompany the winner on the trip. Personal information obtained in the Sweepstakes will be used by Sponsor (and its authorized agents) only to conduct the Sweepstakes; the Entry Information will not be sold or distributed to third parties.
DISCLAIMERS. . (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the website. Use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of the Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation, mechanical, human, printing, distribution or production errors, and may modify or cancel this promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION FOR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
APPLICABLE LAWS AND JURISDICTION. This promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Alabama. Except where prohibited, entrants agree that (i) any and all disputes, claims and causes of action arising out of or connected with this promotion, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, in Jefferson County, Alabama, (ii) 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 (iii) under no circumstances will entrant be permitted to obtain awards for and entrant herby 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrant and/or Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of Alabama, without regard for conflicts of law doctrine, and all proceedings shall take place in Birmingham, Alabama.
WINNER LIST. For a list containing the names of the winners send a self-addressed stamped envelope, within 2 months of the last Drawing Date, to: Winners List “Borden Ultimate Fan Sweepstakes”, QuickSilver Interactive Group, 251 O’Conner Ridge Blvd, Suite 200, Irving, TX 75038.
SPONSORSHIP. This promotion is sponsored by Borden Dairy Company, 8750 N. Central Expressway, Suite 400, Dallas, Texas 75231.