| OFFICIAL
RULES: Jazz™ Apples Unplugged Sweepstakes
NO PURCHASE NECESSARY. A purchase will not increase
your chance of winning.
Revised March 1, 2009
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PROMOTION PERIOD: JAZZ™ APPLES UNPLUGGED Sweepstakes (the "Sweepstakes") begins at 12:00:01 a.m. Pacific Standard Time on November 1, 2008 and concludes at 11:59:59 p.m. Pacific Standard Time on May 1, 2009 (the "Promotion Period"). All entries must be received during the Promotion Period.
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ELIGIBILITY: Participants and Winner must
be legal residents of the fifty (50) United States and District of
Columbia or Canada (excluding residents of Puerto Rico and Quebec)
and at least 18 years or older as of the date of entry. Subject to
all laws and regulations and void in Puerto Rico and Quebec and where
prohibited or restricted by law. Employees of The Oppenheimer Group,
ENZA™, and their respective subsidiaries and affiliated companies,
divisions, parent companies, officers, directors, agents and advertising
agencies, as well as members of the immediate family of any such employees,
are not eligible to participate and win.
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HOW TO ENTER: To enter, locate the 10-digit
code, or - PIN # - from the entry form included in your package of
participating ENZA Jazz apples. Visit www.jazzapple.com
and follow the instructions to enter your code during the Promotion
Period. Follow all instructions to enter your pin code, and other
relevant information as directed. Entrants will be notified immediately
as to whether they have won or not won. Sweepstakes winner will be
drawn from online entries only. The Sponsor will not verify receipt
of entries.
By entering, participants acknowledge compliance with the Official
Rules, including eligibility requirements. Responsibility for receipt
of entry rests solely with the participant. The Sponsor disclaims
all liability for the inability of a participant to complete an online
entry due to equipment malfunction, busy lines, inadvertent disconnections,
acts beyond their control, or otherwise. The Sponsor disclaims all
liability for any delays, mis-delivery, loss, or failure in the delivery
of any item sent by electronic transmission or other delivery method.
The Sponsor is not responsible for human, mechanical, technical, electronic,
communications, telephone, computer, hardware or software errors,
malfunctions or failures of any kind, including: any form of active
or passive filtering, insufficient space in participant's account
to receive messages, failed, incomplete, garbled or delayed transmission
of online entries, traffic congestion on telephone lines, the Internet,
or on any Web site, or lost or unavailable network connections which
may limit an online participant's ability to participate in the Sweepstakes,
and any injury or damage to participant's or any other person's computer
related to or resulting from participating in or downloading any information
necessary to participate in the Sweepstakes.
No mechanically reproduced entries or facsimiles will be accepted.
The use of automated software or computer programs to register or
enter the Sweepstakes is prohibited, and any individual who uses or
attempts to use such methods to register or to enter will be disqualified.
Entries void if incomplete, defective, altered, forged, illegible,
or received outside authorized channels. All entries and information
become property of the Sponsor and will not be returned.
INSTRUCTIONS:
i) Purchase Specially Marked Products: Locate the 10-digit entry code
contained on the form inside the package of participating, specially
marked ENZA Jazz™ fresh apples. Limit: Maximum of one (1) registration
per code, per day, per address and per household.
ii) No Purchase Necessary Method: Send a self-addressed, stamped envelope
to: REQUEST PIN, JAZZ™ APPLES UNPLUGGED Sweepstakes, The Oppenheimer
Group, (Canadian residents): #101 - 11 Burbidge Street, Coquitlam,
BC, V3K 7B2. (U.S. residents): 180 Nickerson Street, Suite 211, Seattle,
WA, 98109-1631. Sponsor will send a 10-digit entry "code"
which can be used to enter Sweepstakes online. Sponsor limits the
right to one "code" per address and one "code"
per self addressed stamped envelope.
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PRIZE(S): Fifty (50) iTunes fifteen dollar
($15.00) gift cards; twenty (20) iPod nanos 8GB; and five (5) iPod
touch 8GB. The Total Approximate Retail Value of all prizes is $4,875.
Any accessories, downloads, upgrades, and all expenses not specifically
mentioned herein are the sole responsibility of Winner. The Sponsor
reserves the right to substitute any portion of this prize, for a
prize of equal or greater value. No transfer, assignment, change of
the prize, or cash substitution is permitted except at the sole discretion
of the Sponsor. If a winner cannot be contacted or is disqualified,
the Sponsor reserves the right to determine an alternate winner in
its sole discretion. Unclaimed prizes will not be awarded. Other restrictions
may apply. All federal, state, provincial and local taxes on the prize
are the sole responsibility of Winner.
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PRIZE DRAWING: Prizes will be instantly
awarded for all entries that are made during the promotional period.
Winner agrees to be bound by these Official Rules and the decisions
of the Sponsor, whose decisions are final on all matters relating
to this Sweepstakes. If Winner cannot be contacted from the information
provided upon entry into the Sweepstakes, the Sponsor reserves the
right to select another Winner at its sole discretion. Winner will
be required to sign, and return an Affidavit of Eligibility and Liability
Release for prizes over $100.00 (one hundred) (including, where permitted,
a Publicity Release) within fourteen (14) days of notification via
e-mail. Failure to confirm receipt of the e-mail or return the Affidavit
within the time allowed may result in forfeiture of prize. Winner
will be subject to a verification process, to include Winner's name,
address and e-mail address.
If a Canadian resident wins a prize, that person must also correctly
answer the following skill testing question (123 + 456) x 30 - 321
= __. The Sponsor is not liable if prize notification letter is lost
or e-mail is not responded to within the time allowed.
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PUBLICITY; USE OF PERSONAL INFORMATION: By
participating, where allowed by law, and not in Tennessee, the Winner
and all participants grant the Sponsor exclusive permission to use
their names, in connection with promotion of this and other Sweepstakes
and waive any claims to royalty, right, or remuneration for such use.
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TAXES: Any valuation of the prize stated
above is based on available information provided to the Sponsor and
the value of any prize awarded to a winner will be reported for tax
purposes as required by law. Winner(s) are solely responsible for
reporting and paying any and all applicable taxes related to the prize
and paying any expenses associated with the prize(s) which are not
specifically provided for in the official rules.
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CONDUCT AND DECISIONS: By participating in
the Sweepstakes, participants agree to be bound by the decisions of
the Sponsor's personnel and judges. Persons who violate any rule,
gain unfair advantage in participating in the Sweepstakes, or obtain
Winner status using fraudulent means will be disqualified. Unsportsmanlike,
disruptive, annoying, harassing or threatening behavior is prohibited.
The Sponsor will interpret these rules and resolve any disputes, conflicting
claims, or ambiguities concerning the rules or the Sweepstakes, and
the Sponsor's decisions concerning such disputes shall be final. If
the conduct or outcome of this Sweepstakes is affected by human error,
any mechanical malfunctions or failures of any kind, intentional interference,
or any event beyond the control of the Sponsor, the Sponsor reserves
the right to terminate this Sweepstakes, or make such other decisions
regarding the outcome as the Sponsor deems appropriate. All decisions
made by the Sponsor are final. The Sponsor reserves the right to cancel
or suspend Sweepstakes should virus, bugs or other causes beyond the
control of the Sponsor corrupt the administration, security or proper
play of the Sweepstakes, in which case prize will be awarded via a
random drawing from among all eligible entries received prior to cancellation.
All decisions will be made by the Sponsor and are final. All potential
winning plays are subject to verification by sponsor, whose decisions
are final and binding. An entrant is not a winner of any prize, even
if the instant win game should so indicate, unless and until entrant's
eligibility and the potential winning play has been verified and entrant
has been notified that verification is complete. Sponsor will not
accept any 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 defection play and is void and will not
be honored.
ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY
CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS
SWEEPSTAKES, TELEPHONE SYSTEMS OR WEB SITES, 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 RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED
BY LAW.
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CONDITIONS: Participants release to The Oppenheimer
Group, ENZA, and their respective subsidiaries and affiliated companies,
divisions, parent companies, officers, directors, employees, agents
and advertising agencies and all others associated with the development
and execution of the Sweepstakes, from and against any and all liability
with respect to or in any way arising from this Sweepstakes and the
awarding and use of the prize, including without limitation liability
for death, personal injury and/or disability.
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MISCELLANEOUS: The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes or in the announcement of the Sweepstakes prizes.
For a copy of the rules, or where required by law, a winners list, mail a written request with a stamped, self-addressed return envelope to JAZZ™ APPLES UNPLUGGED, The Oppenheimer Group, Canadian residents: #101 - 11 Burbidge Street, Coquitlam, BC, Canada, V3K 7B2, U.S. residents: 180 Nickerson Street, Suite 211, Seattle, WA 98109-1631. Vermont residents only may omit return postage. Winners list will be available for six (6) months beginning May 15, 2009.
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JURISDICTION: These official rules shall
be governed by and construed in accordance with the laws of the State
of Washington and the Province of British Columbia. Venue and jurisdiction
for any claims associated in any way with these rules shall only be
proper in the State of Washington and/or British Columbia.
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PRIVACY POLICY: Any personal information
supplied by you in this Sweepstakes will be subject to our privacy
policy posted on www.jazzapple.com.
iTunes, iPod nano, and iPod touch are
registered trademarks of Apple® Computer, Inc. This Sweepstakes is
not affiliated, connected, associated with, or in any way sponsored by
Apple® Computer, Inc.
© The Oppenheimer Group, 2008
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