| 1. |
PROMOTION PERIOD: Starting November 1, 2007 at 12:00:00 AM Central Time (CT) and ending October 31, 2008 at 11:59:59 PM CT (the “Promotion Period”), or when the supply of PINs is exhausted, whichever occurs first.
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| 2. |
ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States, or Washington, D.C., be 18 years of age or older, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after November 1, 2007, was or is a director, officer, or employee of Del Monte Corporation (the “Sponsor”), or its parent, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively the “Promotion Entities”), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/father/sister/brother/daughter/son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories.
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| 3. |
HOW TO ENTER & PLAY: A total of 28,415,999 unique PIN codes will be available in specially-marked “Pounce®” product packages. To request a PIN without purchase, while supplies last, see Rule #6 below.
Enter at http://pounceperks.icmodus.com, read and accept these Official Rules and follow the instructions to register. Limit of one registration per person. If it is discovered that you have registered or attempted to register more than ONCE, all of your entries will be declared null and void, and any prize you might have been entitled to will not be awarded. On your next visit(s) to the site, you will not need to register again, but you will need to log-in. After registration you may participate by entering a unique PIN code from any participating “Pounce®” product package, or a unique PIN code obtained without purchase; for each PIN code entered, you will earn one (1) entry into the applicable Monthly Sweepstakes Draw (you will be asked to select one (1) of five (5) Sweepstakes prizes for which you would like to be entered for a chance to win), and you will also see a message stating whether you are a Potential Winner of the Instant Win Game (subject to verification). Participating “Pounce®” products are listed in the table below. A “Play Receipt”, including a unique Security Identification Code (SIC), will be automatically sent to the email address you provided in the registration process. The Play Receipt and SIC will confirm the results of your Instant Win game play. Limit: one (1) entry per unique PIN code. In addition, a unique PIN code from any participating “Pounce®” product package will also earn you points (“Points”) in the “Pounce®” Rewards Program (see Rule #8, below, for terms and conditions) according to the following table:
| Pounce® Product: |
Number of Points: |
| Pounce® Cat Treats Tartar Control Crunchy Catnip Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Three Cheese Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Chicken & Turkey Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Tuna & Salmon Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Caribbean Catch® Tuna Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Moist Seafood Medley Flavor 6.5 oz. |
100 |
| Pounce® Cat Treats Moist Tuna Flavor 6.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Tuna Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Chicken Flavor 4.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Turkey & Giblets 4.5 oz. |
100 |
| Pounce® Cat Treats Crunchy Tuna Hairball Remedy 2.4 oz. |
100 |
| Pounce® Cat Treats Moist Chicken Hairball Remedy 2.4 oz. |
100 |
| Pounce® Cat Treats Moist Chicken & Cheese Flavor 6.5 oz. |
100 |
| Pounce® Cat Treats Moist Caribbean Catch® Tuna Flavor 6.5 oz. |
100 |
| Pounce® Cat Treats Tartar Control Crunchy Tuna Flavor 2.1 oz. |
50 |
| Pounce® Cat Treats Tartar Control Crunchy Chicken Flavor 2.1 oz. |
50 |
| Pounce® Cat Treats Moist Chicken Flavor 3 oz. |
50 |
| Pounce® Cat Treats Moist Tuna Flavor 3 oz. |
50 |
| Pounce® Cat Treats Tartar Control Crunchy Turkey & Giblets 2.1 oz. |
50 |
| Pounce® Cat Treats Tartar Control Crunchy Salmon Flavor 2.1 oz. |
50 |
| Pounce® Cat Treats Tartar Control Crunchy Crab & Ocean Whitefish 2.1 oz. |
50 |
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| 4. |
MONTHLY SWEEPSTAKES DRAWS: On or about seven (7) days following the end of each month of the Promotion Period (or 20 days following the end of the last month of the Promotion Period), an independent judging organization (the “Promotion Judges”) will randomly draw one (1) entry (“Potential Monthly Sweepstakes Grand Prize Winner”) from among all eligible entries received during the applicable month. For purposes of this Sweepstakes a "month” is a calendar month. Non-winning entries from any month will not roll over into subsequent months. The odds of winning any month's sweepstakes drawing depend on the total number of eligible entries received corresponding to such month. Limit: one Sweepstakes Grand Prize per person/e-mail address.
The Potential Monthly Sweepstakes Grand Prize Winners will be eligible to win the Sweepstakes Grand Prize for the month for which they are drawn, subject to verification of eligibility under these Official Rules. Choice of Sweepstakes Prize must be made at time of Sweepstakes entry and is irrevocable thereafter.
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| 5. |
(742) PRIZES: the prizes available to be won are:
A. (730) INSTANT WIN PRIZES:
| Number Available* |
Prize Description |
Prize Value (ea.) |
| 20 |
$200.00 gift card from marriott.com |
$200.00 |
| 30 |
Digital camera (awarded as a code to be redeemed online at circuitcity.com) |
$100.00 |
| 30 |
$100 luggage gift card from samsonitecompanystores.com (awarded as a code to be redeemed online) |
$100.00 |
| 50 |
$50 personal/household items gift card from williams-sonoma.com (awarded as a code to be redeemed online) |
$50.00 |
| 50 |
$50 personal/household items gift card from brookstone.com (awarded as a code to be redeemed online) |
$50.00 |
| 50 |
$40 online gift certificate for flowers from 1800flowers.com (awarded as a code to be redeemed online) |
$40.00 |
| 50 |
$25 savings on dining out (to be awarded as a code to be redeemed online at restaurant.com for a gift certificate to a participating restaurant) |
$25.00 |
| 50 |
$25 online gift certificate for books (to be awarded as a code to be redeemed online at barnesandnoble.com) |
$25.00 |
| 75 |
$20 off beauty products (to be awarded as a gift card from avon.com) |
$20.00 |
| 75 |
Trees to plant in honor of a pet, from arborday.org (awarded as a 1-year membership to The National Arbor Day Foundation: includes membership card, the Tree Book with planting & care information, Arbor Day bimonthly newsletter subscription (for 1 year), and 10 free trees) |
$15.00 |
| 75 |
$15 online gift certificate for cat accessories (awarded as a code to be redeemed online at felinerina.com) |
$15.00 |
| 75 |
$10 greeting cards gift card to be redeemed at any Hallmark Gold Crown Store |
$10.00 |
| 100 |
3 coupons for free Pounce® cat treats from Del Monte Corporation (to maximum value of $3.29 per coupon) |
$9.87 |
Instant Win prizes are randomly time seeded throughout the Promotion Period and awarded to the person who plays on or after the time the prize is randomly seeded. The time of day when you play the Game during the Promotion Period, as recorded by the web site technology, the order in which entries are received and the number of entries received will determine whether or not you are a Potential Winner.
B. (12) MONTHLY SWEEPSTAKES GRAND PRIZES:
Twelve Twelve (12) Monthly Sweepstakes Grand Prizes are available to be won, determined by each Potential Winner’s choice of one the following five (5) prize options at the time of such person’s Sweepstakes entry:
- i) Luxury Cruise:
- a. Available for selection as a prize for drawings conducted during the months of November 2007 through February 2008:
7-day, 6-night cruise for two to Alaska, including airfare, inside cabin accommodations, meals and ground transportation; excludes drinks, gratuities, and shore excursions. Some blackout dates may apply. Approximate Retail Value (ARV) $4,000.00 USD.
- b. Available for selection as a prize for drawings conducted during the months of March 2008 through June 2008:
7-day, 6-night cruise for two to the Mexican Riviera, including airfare, inside cabin accommodations, meals and ground transportation; excludes drinks, gratuities, and shore excursions. Some blackout dates may apply. Approximate Retail Value (ARV) $4,000.00 USD.
- c. Available for selection as a prize for drawings conducted during the months of July 2008 through October 2008:
7-day, 6-night Caribbean cruise for two, including airfare, inside cabin accommodations, meals and ground transportation; excludes drinks, gratuities, and shore excursions. Some blackout dates may apply. Approximate Retail Value (ARV) $4,000.00 USD.
- ii) Gourmet Adventure:
- a. Available for selection as a prize for drawings conducted during the months of November 2007 through February 2008:
4-day vacation to Las Vegas for two, including airfare, ground transportation and a 3-night stay at a 5-star resort. Prize includes $400 in gift certificates to restaurants of winner’s choice (to be selected from a list provided by Sponsor). Approximate Retail Value (ARV) $4,000.00 USD.
- b. Available for selection as a prize for drawings conducted during the months of March 2008 through June 2008:
4-day vacation to Chicago for two, including airfare, ground transportation and a 3-night stay at a 4-star hotel. Prize includes $400 in gift certificates to restaurants of winner’s choice (to be selected from a list provided by Sponsor). Approximate Retail Value (ARV) $4,000.00 USD.
- c. AAvailable for selection as a prize for drawings conducted during the months of July 2008 through October 2008:
4-day vacation to New York for two, including airfare, ground transportation and a 3-night stay at a 4-star hotel. Prize includes $400 in gift certificates to restaurants of winner’s choice (to be selected from a list provided by Sponsor). Approximate Retail Value (ARV) $4,000.00 USD.
- iii) Refreshing Home:
- a. Available for selection as a prize for drawings conducted during the months of November 2007 through February 2008:
The ultimate garden – lavish garden installed by a professional landscaper up to a maximum of $4,000 (or the winner’s choice of $4,000 in cash, which may be used to select and contract the services of his/her own landscaper); Approximate Retail Value (ARV) $4,000.00 USD.
- b. Available for selection as a prize for drawings conducted during the months of March 2008 through June 2008:
Complete set of matched appliances for your kitchen – stove, refrigerator, microwave and dishwasher up to a maximum of $4,000 (or the winner’s choice of $4,000 in cash, which may be used to purchase appliances). Approximate Retail Value (ARV) $4,000.00 USD.
- c. Available for selection as a prize for drawings conducted during the months of July 2008 through October 2008:
Professional room makeover – services of an interior designer up to a maximum of $4,000 (or the winner’s choice of $4,000 in cash, which may be used to select and contract the services of his/her own designer); Approximate Retail Value (ARV) $4,000.00 USD.
- iv) Tempting Treasures:
- a. Available for selection as a prize for drawings conducted during the months of November 2007 through February 2008:
$4,000 in fine crystal from Waterford (prize will be awarded as a gift card for Waterford.com in the amount of $4,000, subject to the terms thereon); Approximate Retail Value (ARV) $4,000.00 USD.
- b. Available for selection as a prize for drawings conducted during the months of March 2008 through June 2008:
$4,000 in pearl jewelry from the Mikimoto collection (prize will be awarded as a gift card for Mikimoto America & Co. LTD in the amount of $4,000, subject to the terms thereon); Approximate Retail Value (ARV) $4,000.00 USD.
- c. Available for selection as a prize for drawings conducted during the months of July 2008 through October 2008:
$4,000 in diamond jewelry from Tiffany and Co. (prize will be awarded as a gift card for Tiffany and Co. in the amount of $4,000, subject to the terms thereon); Approximate Retail Value (ARV) $4,000.00 USD.
- v) Helping Hands:
- a. Available for selection as a prize for drawings conducted during the months of November 2007 through February 2008:
$4,000 donation will be given to the Humane Society of the United States in your name; Approximate Retail Value (ARV) $4,000.00 USD.
- b. Available for selection as a prize for drawings conducted during the months of March 2008 through June 2008:
$4,000 donation will be given to your local public library (as determined by Sponsor) in your name; Approximate Retail Value (ARV) $4,000.00 USD.
- c. Available for selection as a prize for drawings conducted during the months of July 2008 through October 2008:
$4,000 (face value) “I Savings Bond” will be given to a friend or family member of winner. Bond holder will be responsible for completing any required paperwork, and for any tax consequences, costs or expenses, relating to the bond and its redemption; Approximate Retail Value (ARV) $4,000.00 USD.
Restrictions/Limitations for all cruise and trip prizes: Prizes consist of round-trip coach air transportation for two (2) from a major airport nearest the winner’s home within the U.S. (airport, carrier and airline ticket class selected at the sole discretion of Sponsor), one (1) double occupancy standard accommodation for the number of nights described in each case above (accommodation to be selected at the sole discretion of Sponsor). If eligible winner resides within 150 miles of the destination, ground transportation may be substituted for air transportation at Sponsor’s sole discretion. All other expenses not specifically mentioned herein, including ground transportation, meals, gratuities, travel documents, tax, personal expenses and all other expenses not specified herein are the sole responsibility of the winner. No responsibility is assumed by Sponsor for cancelled, delayed, suspended or rescheduled events after ticketing of prize for any reason whatsoever beyond its control. Transportation and accommodations subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation restrictions and regulations. Other restrictions may apply. Travel must be booked and taken between January 10, 2008 and October 31, 2009. Winners must have all necessary identification and/or travel documents (e.g., a valid U.S. Passport) required for travel. ARVs stated above for trip prizes may vary depending on winner’s point of departure and airfare fluctuations. If winner's guest is a minor, he/she must be accompanied by a parent or legal guardian who must sign and return all required documentation. Guests and winners must sign and return a release of liability/publicity prior to ticketing of prize.
Approximate total value of all prizes available to be won: USD $72,987.00. Winners acknowledge that neither Sponsor nor Promotion Entities or their directors, employees, or agents, have made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the Winner’s responsibility. All prize details are at the Sponsor’s sole discretion. Use of all gift cards/certificates/codes/coupons are subject to the terms and conditions of the respective issuer.
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| 6. |
NO PURCHASE NECESSARY: To request a unique PIN code via mail, which will enable you to enter the Instant Win Game and Sweepstakes, mail a hand printed self-addressed postage prepaid envelope to: “Pounce® Perks” Sweepstakes and Instant Win – PIN Code Request, P.O. Box 1251, South Bend, IN, 46624-1251. Requests must be postmarked by November 1, 2008, and received by November 8, 2008. If you enter without purchase, you will have until November 19, 2008 to play, after which time the Promotion website will no longer be available. “No Purchase” PINs will not give the user any points into the “Pounce® Perks” Reward Program. VT residents may omit return postage. Only one (1) request for a PIN code per outer postmarked envelope with sufficient postage allowed. Requests that are mechanically reproduced or made in any fashion other than submitting a hand printed request in a single envelope are void. Sponsor is not responsible for lost, late, misdirected, postage due, damaged, illegible or incomplete entries.
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| 7. |
HOW TO CLAIM A PRIZE: All Instant Win prizes will be automatically mailed or e-mailed to the Winner’s address or e-mail address as provided in the registration form. Potential Monthly Sweepstakes Grand Prize Winners will be contacted by phone, mail or email with instructions on how to claim the prize. Monthly Sweepstakes Grand Prizes won by persons who are eligible participants but considered minors in their state of residence will be awarded to a parent or legal guardian who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winner set forth herein. If a Potential Winner is found to be ineligible, declines to accept a prize, or Sponsor is unable to contact a Potential Winner within a reasonable period, or in the event that a prize confirmation or prize is returned undeliverable, the prize will be forfeited and, for Monthly Sweepstakes Grand Prizes only, prize may (at the Sponsor’s sole discretion) be awarded to an alternate Winner. Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Winner, a Potential Monthly Sweepstakes Grand Prize Winner (or parent/legal guardian where applicable), will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form within fifteen (15) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize will be forfeited.
Allow 6 to 8 weeks for verification and shipment of your prize after verification. Sponsor and the Promotion Entities shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified Winners.
By accepting a prize, Winners consent to the use of their names, biographical information, addresses, voices, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
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| 8. |
“POUNCE® PERKS” REWARD PROGRAM – TERMS AND CONDITIONS: Between November 1, 2007 at 12:00:00 AM Central Time (CT) and October 31, 2008 at 11:59:59 PM CT, you may redeem PIN codes from participating “Pounce®” product packages for Points that shall be deposited into your rewards account (“Rewards Account”) in accordance with the Point values contained in the table at Rule #3 above. To review your Rewards Account, go to http://pounceperks.icmodus.com, and log in to view your Points information. To redeem your Points please log in, then click on the “Browse Rewards” tab, then click on the “Reward details” link under your selected reward, and then click on “Redeem now”. See table below for items you may redeem Points to claim, subject to availability. Items for which Points may be redeemed (“Premium Items”) will be shipped within 8 to 10 weeks of selection to the address provided upon registration. No returns are permitted. If any item is unavailable, Sponsor reserves the right to substitute an item of equal or greater value in its sole discretion. Offer void where prohibited by law. Unused Points will become void at the end of the Promotion Period and shall have no cash value. Points may not be combined from different accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries distributed or for any delay or failure to credit Points to your account or for any failure to provide Points. Sponsor reserves the right to invalidate Points from a participant's account if it determines that such Points were improperly credited to such participant's account or obtained fraudulently. Sponsor reserves the right to delay the processing or redemption of any Points without notice to you, in order to assure compliance with the terms outlined herein. If you use this Promotion, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Without limiting any other remedies, Sponsor may suspend or terminate your account if Sponsor suspects that you have engaged in fraudulent activity in connection with this Promotion. Points do not constitute property, do not entitle a member a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason. The sale or transfer of Points is strictly prohibited. Any failure to abide by the Official Rules, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Promotion may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of membership in the Promotion, as well as forfeiture of Points accrued to date and any other benefits earned in connection therewith, in Sponsor's sole discretion. Only the individual who registered for the Promotion will accrue Points and will be entitled access to Rewards Account information.
| Premium Item: |
ARV |
| Redeem for 400 Points: |
| 1 coupon for free Pounce® cat treats from Del Monte Corporation (maximum value of $3.29) |
$ 3.29 |
| Redeem for 700 Points: |
| Movie Night – $10 gift card to be redeemed online at Blockbuster.comm |
$ 10.00 |
| Flowers – $10 gift card to be redeemed online at 1800flowers.com |
$ 10.00 |
| Cat accessories (to be awarded as a code to be redeemed online for $10 in goods at felinerina.com) |
$ 10.00 |
| Redeem for 1000 Points: |
| Cat health products (to be awarded as a code to be redeemed online for $15 in goods at 1800petmeds.com) |
$ 15.00 |
| Books – $15 gift card to be redeemed online at barnesandnoble.com |
$ 15.00 |
| $15 at macys.com (to be awarded as a code to be redeemed online) |
$ 15.00 |
| Redeem for 1300 Points: |
| Pet Sitter DVD from PetSitterDVD.com |
$ 15.00 |
Sponsor reserves the right to substitute a Premium Item of comparable or greater value, at its sole discretion, for any Premium Item listed in the table above. Taxes, if any, as well as any other costs and expenses associated with Premium Item acceptance and use not specified herein as being provided, are the participant’s responsibility. All prize details are at the Sponsor’s sole discretion. Use of all gift cards/certificates/codes/coupons are subject to the terms and conditions of the respective issuer.
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| CONDITIONS OF ENTRY: |
| 9. |
By participating in this Promotion, participants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. Participants who have not complied with these Official Rules are subject to disqualification.
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| 10. |
Any PIN codes obtained through unauthorized or illegitimate sources/channels, including any PIN codes purchased or obtained online, or at a live auction; or which are not original, are illegible, have been tampered with, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, marked improperly; or which contain printing or production errors, or any errors in any way, will be void at the discretion of the Sponsor and/or Promotion Judges.
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| 11. |
Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, incomplete or postage-due submissions or requests. Proof of transmission (screenshots or captures, etc.) and/or mailing does not constitute proof of delivery. All entries/submissions become the property of Sponsor and in no case shall be returned to sender.
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| 12. |
The Sponsor reserves the right to disqualify any participant’s registration in the Promotion (and void all associated entries) or entitlement to a prize/Points/Premium Items, if, in the sole discretion of the Sponsor, it determines or suspects that the participant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means).
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| 13. |
If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
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| 14. |
As a condition of participating, participants (or their parent or legal guardian if an eligible minor) agree: (a) to release Sponsor and Promotion Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize/Points/Premium Item or any travel related thereto, (b) that under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize/Point/Premium Item awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
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| PROMOTION OPERATION: |
| 15. |
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion, or any portion thereof, at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion.
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| 16. |
Sponsor and the Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Sponsor and the Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
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| DISCLOSURES: |
| 17. |
Any attempt by a participant or other individual to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. A participant engaging in any of the foregoing activities may be disqualified and will forfeit any prize(s) won.
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| 18. |
In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
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| 19. |
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of law principles. All participants consent to the jurisdiction and venue of the State of California.
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| 20. |
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
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| 21. |
This Promotion is solely sponsored by Del Monte Corporation, P.O. Box 193575, San Francisco, CA 94119-3575.
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| 22. |
For a list of the major prize winners, send a self-addressed postage stamped envelope to: “Pounce® Perks” Sweepstakes and Instant Win – Winners’ List”, P.O. BOX 1291, South Bend, IN, 46624-1291, to be received by December 31, 2008. The Winners List will be sent after all prizes have been awarded.
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| 23. |
To review our privacy policy, please visit our web site at www.DelMonte.com to see how we use personal information obtained in connection with this Promotion.
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