PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND INCREASES YOUR CHANCES OF WINNING.
1. Eligibility:
SMACK “Order & Win” competition is open only to legal residents of the fifty (50) states in the United States, and the District of Columbia, who are at least thirteen (13) years old or of the age of majority in their state of residence, whichever is older, at the time of entry. Employees of SMACK® Energy Bar, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. 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 and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of two (2) random drawings combined with one major drawing for the grand prize of that drawing. The random drawing will be for other prizes in first round and the major prize to be won in that round will be the Trip to the Bahamas (Sponsor reserves right to change destination but final destination will be an island in the vicinity). In the second and final round of drawings, Grand prize to be won will be the Ford Mustang 2008 vehicle (Sponsor reserves the right to change the Year of car ).
2. Sponsor:
3 Way Enterprises LLC, Beltsville MD 20705. Administrator: 3 Way Enterprises LLC
3. Timing:
The Promotion begins on June 6, 2008 at 12:00 a.m. Eastern Standard Time (“EST”) and has no particular ending time unless specified by website or otherwise not mentioned or promoted on website anymore.
4. How to Enter:
You must purchase an online order, minimum of 1 dozen (12) Smack Energy Chocolate Bars
- Go online to www.smackenergybar.com website and purchase a minimum of 1 dozen chocolate energy bars
- The name on the order enters a database and all information is stored on that particular entry.
- One entry will be randomly selected from the database of orders every 4 to 8 weeks.
- Every additional purchase is an additional chance to win.
- Every additional purchase is an additional entry into database.
- The more orders, the more chances to win a prize.
Limit: Each participant may enter/play as many times as possible. Each entry must be escorted with a confirmed complete purchase and transaction. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. So please be accurate with your email addresses. Potential winners may be required to show proof of being the authorized winner.
5. Order and Win Competition:
3 Way Enterprises LLC is the administrator of this competition and whose decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Competition: 3 Way Enterprises LLC will randomly select the potential Competition winners from all eligible entries on
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR 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 INSTANT WIN GAME OR COMPETITION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR COMPETITION WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS 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.
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 requirements. The potential Competition winners will be notified by email, telephone, or registered mail after the date of random drawing. Each potential winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Administrator, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), he/she forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Prizes will be fulfilled eight (8) to ten (10) weeks after the conclusion of the Promotion.
8. Prizes:
Competition Prizes: Prices available include A brand new Ford Mustang ARV: $47,520.99. Boat Cruise to the Bahamas for 2 – 4 individuals (or other Island since subject to change) Approximate Retail Value (“ARV”): $7,520.99. A 50 inch Plasma TV ARV: $2,910.99. A PlayStation 3 or XBOX 360 or Nintendo Wii Game console (winner will make a choice of all 3) With any one (1) video game of choice. ARV: $599.99. Free Smack Energy Chocolate Crips bars. ARV: $16.99. Free Smack Energy Bar Slogan Tee Shirts and other products. Odds of winning a Competition Prize depend on the number of eligible entries received during the Promotion Period. Limit: NO LIMIT.
Prizes mentioned are not won in a particular order and are randomly won throughout promotional period.
9. Release:
By receipt of any prize, winner agrees to release and hold harmless Sponsor, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies 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 Promotion or receipt or use or misuse of any prize.
10. Publicity:
Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Competition, 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 Competition 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 Competition or the Instant Win Game 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 by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Competition or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its 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. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes:
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant’s Personal Information:
Information collected from entrants is subject to the Sponsor’s Privacy Policy and would be kept private and never revealed to the public.
15. Winner List:
For the winner list, send an email with subject line: “SMACK ENERGY BAR Order and Win Competition, Winner List Request”, to info@snackonasmack.com. Requests could be recived anytime during promotional period.
© 2008 3Way Enterprises, LLC. All Rights Reserved.
