1. Eligibility: The Win One Give One Laptop Sweepstakes (the "Instant Win Game") is open only to legal residents of the forty-nine (49) United States other than Maine and legal residents of the District of Columbia who are at least eight (8) years old at the time of entry. Void in Maine and where prohibited. Employees, officers, affiliates, advertising and promotion agencies and judging organizations and representatives of General Mills Sales, Inc., One Laptop per Child Organization, Publicis Modem, ePrize, LLC, and its parent companies and subsidiaries, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Instant Win Game is subject to all applicable federal, state and local laws and regulations. Participation in the Instant Win Game 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 Instant Win Game. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entry information provided by children under the age of thirteen (13) will be used solely for the purposes of the Instant Win Game and will be destroyed immediately after its conclusion in accordance with the requirements of the Children's Online Privacy Protection Act ("COPPA").
2. Sponsor: General Mills Sales, Inc., One General Mills Blvd, Minneapolis, MN 55440. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Instant Win Game begins at 12:00 a.m. Eastern Time ("ET"), December 28, 2009 and ends at 11:59 p.m. ET, March 31, 2011 (the "Promotion Period"). The Instant Win Game may be played during the Promotion Period. For purposes of this Instant Win Game, a day begins at 12:00 a.m. ET and ends at 11:59 p.m. ET on the same calendar day. Administrator's computer is the official time keeping device for the Instant Win Game.
4. How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MANY WILL ENTER AND PLAY, FEW WILL WIN. During the Promotion Period, obtain a code. There are two (2) ways to obtain a code for the Instant Win Game:
a. Purchase Fruit Snacks: Beginning December 28, 2009, purchase specially-marked packages of Fruit Gushers, Fruit Roll-Ups, Fruit by the Foot and Stickerz and Betty Crocker Fruit Shapes fruit flavored snacks from participating retailers, while supplies last. Locate the code on the product packaging and have it available when you visit the URL listed below; or
b. Free Code: Starting Friday, December 18, 2009 you may obtain a code without purchasing a specially-marked package of Fruit Flavored Snacks, by hand printing your name, mailing address, day and evening phone numbers, email address, and age on a 3" x 5" piece of paper and mailing it with proper postage to "Win One, Give One Laptop Sweepstakes," c/o ePrize, LLC, PO Box 1783, Grand Rapids, MI 49501-1783. You will receive an email within forty-eight (48) hours of receiving your request at the email address you provided from winonegiveone@eprizefulfillment.com. This email will contain your code that can be used for one (1) entry into the Instant Win Game. Limit: One (1) request per envelope. All mail-in requests must be handwritten. All mail-in requests must be postmarked by January 31, 2011 and received by February 7, 2011. All requests become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which will be disqualified.
Once you obtain a code, during the Promotion Period, visit WinOneGiveOne.com and follow the links and instructions to proceed to the Instant Win Game area of the web site. If you are thirteen (13) years of age or older, completely fill out the registration form, inputing the code where indicated. If you are under thirteen (13) years of age, you will be required only to enter your first name and e-mail address, a parent's e-mail address, and the code. Your registration will be accepted and approved only in compliance with COPPA. Upon successful registration, you will receive one (1) Instant Win Game play and will advance to the Instant Win Game page. Upon each subsequent login, you will be required to enter another code to obtain one (1) additional Instant Win Game play. Follow the on-screen instructions to play the Instant Win Game. The Instant Win Game results will be instantly displayed. Limit: Each participant may enter one (1) code per day to receive one (1) Instant Win Game play per day during the Promotion Period. If you are age thirteen (13) or older, you will be notified immediately by e-mail if you are a potential winner of the Instant Win Game and will be provided directions for validation. If you are a potential winner age twelve (12) or younger, an e-mail will be sent to your parents at the e-mail address previously provided. This e-mail will contain an option for your parents to opt out of participation in the Instant Win Game. If your parent chooses to opt out of participation in the Instant Win Game, no prize will be awarded and you will not be eligible for further Instant Win Game participation. If your parent chooses to permit participation, he/she will be required to complete an online prize update form prior to your validation as a winner. All prize-claims and/or prize update forms must be received within ten (10) days from initial win notification or prize will be forfeited. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant may be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, or problems of any kind whether mechanical, human or electronic which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the e-mail address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, 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 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, IS VOID AND WILL NOT BE HONORED.
6. Instant Win Game Prize Selection and Verification of Potential Winners: All selected potential winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. Administrator is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be two hundred thirty (230) random, computer-generated winning times during the entire Promotion Period. One hundred fifty-five (155) winning times, one (1) per day, will be randomly computer-generated between December 28, 2009 and May 31, 2010 and seventy-five (75) winning times will be randomly computer-generated between June 1, 2010 and March 31, 2011. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated. If any potential winner cannot be contacted or if prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. At least five (5) alternate drawings will be held after which the prize may, in Sponsor's sole discretion, remain un-awarded. Notwithstanding the foregoing, Sponsor shall use best efforts to award all prizes listed in these official rules. ePrize will fulfill the laptops monthly from January through May, in September (for June-August winners), in December (for September-November winners), and in April (for December-March winners).
7. Prizes: TWO HUNDRED THIRTY (230) INSTANT WIN GAME PRIZES: A One Laptop Per Child XO laptop. Approximate Retail Value ("ARV"): $185. Odds of winning an Instant Win Prize depend on the number of prizes available divided by the number of eligible plays received during the Promotion Period. No substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value. Winners are responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied, offered by Sponsor. TOTAL ARV OF ALL AVAILABLE PRIZES: $42,550. Limit: One (1) Instant Win Game prize per person.
8. Publicity: Except where prohibited, participation in the Instant Win Game constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration. For children under thirteen (13), such consent will only be to the extent allowed by COPPA.
9. General Conditions: Sponsor reserves the right to cancel or modify the Instant Win Game if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the administration, security, fairness or proper play of the Instant Win Game, 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 Instant Win Game 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 DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE INSTANT WIN GAME IS 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.
10. Release: By receipt of any prize, entrant agrees to release and hold harmless General Mills Sales, Inc., One Laptop per Child Organization, Publicis Modem, ePrize, LLC, and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Instant Win Game or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Instant Win Game, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
11. 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 Instant Win Game; (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 Instant Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game 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 Instant Win Game or receipt or use 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 Instant Win Game; provided that if it is not possible to award another entry due to discontinuance of the Instant Win Game for any reason, Sponsor, in its 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. 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, un-awarded, eligible prize claims.
12. Disputes: Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Instant Win Game, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and solely 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 Instant Win Game 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 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Instant Win Game, 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.
13. Entrant's Personal Information: Information collected from entrants is subject to ePrize, LLC's Privacy Policy, and Sponsor's COPPA Privacy Policy. To contact Sponsor regarding your child's personally identifiable information: upon providing proper identification, parents can request review, correct, update, or have deleted their child's personally identifiable information from Sponsor's database by writing General Mills, Inc., Number One General Mills Boulevard, Minneapolis, MN 55440, Attn: Consumer Services. Sponsor can also be reached by telephone by dialing our consumer response department at 1-800-249-0562, weekdays from 8 a.m. - 5 p.m., Central Time. Please feel free to use this same contact information if at any time you have questions or concerns about Sponsor's Privacy Policy.
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than July 1, 2011. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.
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