2012 NO FEAR - Phoenix Open - Text To Win Game

NO FEAR ENERGY • TEXT-TO-WIN • OFFICIAL RULES

(January 1, 2012 - January 22, 2012)

NO PURCHASE NECESSARY.  GAME ONLY OPEN TO LEGAL RESIDENTS OF THE U.S. RESIDING IN THE FIFTY  UNITED STATES THROUGHOUT THE PROMOTION PERIOD AND WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.  GAME SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.  VOID WHERE PROHIBITED.

1. HOW TO ENTER: NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF-OF-PURCHASE NECESSARY TO PARTICIPATE IN GAME.  Game starts January 4, 2012, at 12:00 a.m. ET and ends January 22, 2012 at 11:59 p.m. ET (the "Promotion Period"). To enter the Game via text message use your mobile phone to text the Keyword on the point of sale poster or static cling to “74700”, during the Promotion Period, and you will be registered to participate in the Game. [Bingham Note: rules don’t explain how/where consumers can obtain a game piece] Participants must have a mobile phone with text messaging capabilities to register/enter by text message. Entry by text constitutes your agreement to receive the bounce-back text messages and, if applicable, text messages and/or calls for prize notification and instructions on how to claim your prize. Participants registering/entering this Game via text message may incur a standard text message charge from their wireless service provider for each message sent and received.  Standard text message and data rates apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.  Not all wireless carriers participate. To enter without sending a text message, send a self-addressed envelope to: NO FEAR TEXT-TO-WIN GAME  P.O. Box 516, Eagle River, WI, 54521 postmarked by January 20, 2012 to be received no later than January 25. 2011. Game play must be completed during the Promotion Period in order to be valid. Proof of play and/or winning will not be deemed valid unless verified. Limit one (1) Sweepstakes entry per person/ email/ household/ wireless account per day regardless of method of entry.
The name of the person submitting the text message upon Sweepstakes entry must be (a) the name of the authorized account holder of such mobile number, otherwise, entry may be deemed void.  In the event of dispute over the identity of a potential winner, entries will be declared made by the registered user of the phone number used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the phone number submitted upon entry. It is solely the responsibility of the entrant to notify No Fear Energy (“Sponsor”) in writing if the entrant changes his or her phone number during the Promotion Period.
Proof of text messaging does not constitute proof of delivery or entry.  All entries become the property of Sponsor [Bingham Note: duplicate definition] and will not be returned to entrant.  Every entry submission must be manually key-stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Game service) will be disqualified and transmissions from these or related e-mail, IP addresses, or phone numbers may be blocked.

2. PRIZES/ ODDS OF WINNING: Three Hundred Ninety Eight (398) Sweepstakes Prizes consisting of:  One (1) remote control truck, (ARV) $1000.00. One hundred (100) First prizes: each, a pair of tickets to the 2012 Phoenix Open (ARV); $80.00. Thirty Three (33) second Prizes; each, a No Fear polo shirt, (ARV) $50.00; One Hundred-thirty-two (132) Third Prizes: each, a no fear T shirt. (ARV) $20.00 each; One Hundred-thirty-two (132) fourth Prizes: each, a no fear hat. (ARV) $20.00 each.  Odds of winning are based on number of eligible entries received.  Total ARV of all prizes: $15.930.00

3. DRAWING: Prize winners will awarded throughout the promotional period. Random instant winners will be selected daily throughout the promotional period from eligible entries. received. Drawing will be conducted by an independent judging organization whose decisions shall be final.

4. ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN THE FIFTY UNITED STATES THROUGHOUT THE PROMOTION PERIOD AND AGE 18 OR OLDER AT THE TIME OF ENTRY to be eligible to win.  Potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. Employees of Shadow Beverage Corporation, North Star Marketing and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies (collectively, “Sponsor and Promotion Parties”) and the immediate family members of each, are not eligible to participate or win.  Limit: one (1) prize per name and/or e-mail address and/or household and/or phone number. 

5. GENERAL: This Game is subject only to the laws of Wisconsin in the United States.  Prizes will be awarded and/or delivered only to addresses within the 50 United States. Unclaimed prizes will not be awarded. Except as determined by Sponsor in its sole discretion, no substitution of any prize is offered, no transfer of any prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value (unless at the sole discretion of Sponsor).  Prize winner will be solely responsible for all applicable federal, state and local taxes on prizes.  If applicable, winner may receive an IRS Form 1099 for the retail value of the prize.  All other expenses related to the receipt and use of any prize not specifically mentioned herein are solely the responsibility of the winner.  Any portion of a prize not accepted by winner will be forfeited.

6. CONDUCT: By entering this Game, entrants agree to be bound by these Official Rules and the decisions of the judges that shall be final and binding in all respects.  The Official Rules will be posted on the [Bingham Note: need to define term and/or add URL : Web Site] throughout the Promotion Period.  Failure to comply with these Official Rules may result in disqualification.  Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Game; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.  CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.

7. LIMITATIONS OF LIABILITY:  Sponsor and Promotion Parties assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Game; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Game; (d) inaccessibility or unavailability of the Internet or the [Web Site] or any combination thereof; (e) any injury or damage to participants’ or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Game or download of any materials in the Game.  If, for any reason, the Game is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Game in whole or in part.

8. WINNER NOTIFICATION: All Prizes will be awarded, provided there are enough Sweepstakes entries conducted throughout the Promotion Period. Unclaimed Prizes will not be awarded. How To Claim a Prize: Depending on method of entry, winners will be notified via text from Sponsor if they have won a prize (subject to verification). Unless otherwise noted, allow 4 to 6 weeks for delivery of prizes by mail following completion of notification and verification process.  [Bingham Note: this is already stated above; Prizes will only be delivered to addresses within the 50 United States.]

9. WINNER RELEASES: All entrants, as a condition of entry into the Game, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Web Site, submitting an entry or otherwise participating in any aspect of the Game, the receipt, ownership or use of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered.  Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize.   Except for residents of TN and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Web Site) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.

10. SPONSOR: Shadow Beverages and Snacks 1860 W University Dr.  Suite 114  Tempe, AZ 85821