THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING AND PARTICIPATION IN THE STATES OF MD, NJ, NY, PA AND WV ONLY (EXCLUDING, WITHOUT LIMITATION, All US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER. INTERNET ACCESS AND AN EMAIL ADDESS REQUIRED.
Weis Markets Survey Giveaway (the "Sweepstakes")
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
1 The "Sweepstakes Period" is from 10:00:01 am Eastern Time ("ET") December 5, 2013 ("Sweepstakes-Start") to 9:59:59 am ("ET") April 4, 2014 ("Sweepstakes-End"). Sponsor's computer clock determines the time.
2 Eligibility: No purchase necessary to enter or win. This Sweepstakes is open only to legal residents of the States of MD, NJ, NY, PA and WV only, age 18 and the age of majority or older in your permanent State of residence as of date of entry. If you have an APO or FPO mailing address, you must identify your state of permanent residence. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of household of Weis Markets, Inc. ("Sponsor"), Behaviorworx, Inc, and THE MARKETING AGENCY ("Administrator") and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Sweepstakes (the "Sweepstakes Entities") and any employees, officers and directors of companies involved in the supermarket business may not enter or be awarded a prize.
3 How to enter the Automated Instant-Win Game and Sweepstakes which are played only on the Internet during the Sweepstakes Period:
a) Go to http://www.tellweis.com (the" Official Website").
b) Enter all the registration information requested including a valid, working email address for which you are the authorized user.
c) You will be presented with a short survey. Complete the entire survey and submit it. You will receive one (1) chance to participate in the automated Instant-Win game (a "Game-Play").
d) Once an Eligible Person has duly completed the Survey and submitted it online (a “Game Play”), an image indicating “Please wait while we check to see if you are in instant winner” will appear. In the event that Eligible Person is not a winner, an image indicating “WE’RE SORRY! You are not an instant-winner” will appear on that Eligible Person’s computer screen. In the event that the Eligible Person is a winner, an image indicating “YOU WON! Details are being emailed to you. Please check your email” indicates that the Eligible Person is the Winner of an Instant Win Prize, which has been randomly assigned to his/her Game Play. As a winner, you will receive an email from the Sponsor, sent to the email address you provided in your Entry Form, confirming that you are a potential winner in the automated Instant-Win game.
e) By registering and completing the Survey, you will automatically receive one (1) entry into the Sweepstakes.
f) After you have completed a Game-Play, an invitation from the Sponsor will appear on your computer screen suggesting that you provide the Sponsor with the valid email addresses of not more than five (5) of your friends and/or family members (each a "referred friend") in order for the Sponsor to send each referred friend an email inviting him/her to enter the Giveaway. Only refer people with whom you have a personal or professional relationship and who is eligible to enter the Giveaway. One (1) referral will 'count' when the referred friend opens the invitation email. You will then be awarded one (1) additional entry into the Sweepstakes, up to a maximum of five (5) additional entries in total during the Sweepstakes Period.
It is an entrant's responsibility to keep his/her email address current and to monitor that account. Limit one (1) entry/survey completion per person or email address during any consecutive seven (7) day period up to a maximum of four (4) entry/survey completions during the Sweepstakes Period. All entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as, without limitation, script, bot, macro or any other similar software or program . You may not enter with multiple emails and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries . "Authorized email user" is defined as the natural person who is assigned an email address by an online email service, Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address . It is an entrant's responsibility to track the email account entered above as that is how s/he will be notified if s/he has won a prize. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email address submitted on the entry form.
4 Winner Selection:
a) Instant-Win: When you complete a Registration/Survey as detailed above, and you play the automated Instant-Win game, your entry will be acknowledged and you will be told immediately on your screen if you are a winner. You will also receive a confirmation email within 24 to 36 hours, to the email address you used upon entering, detailing how you may claim your prize (is this true? -Yes, the email contains the release waiver that must be signed and returned to BehaviorWorx). All Instant-Win prizes are seeded randomly based on the number of anticipated plays and are attached to certain Game-Plays throughout the Sweepstakes Period prior to the commencement of the automated Game. The person who plays a winning automated game during the Sweepstakes Period that was preselected as a winning Game will be declared the winner of that Instant-Win Prize, provided the entrant has complied with all the Official Rules. All potential winners are subject to verification before a prize will be awarded. Maximum one (1) Instant-Win prize per person or email address during the Sweepstakes-Period.
b) Grand Prize: One (1) Grand Prize winner will be chosen on or about 14 days after Sweepstakes-End in a random drawing from all eligible Sweepstakes Entries awarded during the Sweepstakes Period. Potential prize winner will be notified within approximately five (5) business days after the selection is made via email only to the email address submitted during entry. The potential Grand Prize winner will have 10 business days to reply, agreeing to accept the prize and providing all information requested by Sponsor or Administrator. Failure to reply and/or provide the information requested above, will signify to Sponsor/Administrator that the prize has been declined and forfeited for all time and another potential prize winner will be chosen in random drawings.
5 Prizes, Approximate Retail Value ("ARV") and Odds: (1) Grand Prize: A Weis Markets Gift card valued at $1,000, subject to all its Terms & Conditions. ARV: $1,000.Odds of winning the Grand Prize: Dependent on the total number of eligible, Sweepstakes Entries awarded during the Sweepstakes Period. (20) Instant-Win First Prizes: A Weis Markets Gift card valued at $50, subject to all its Terms & Conditions. ARV: $50. (16) Instant-Win Second Prizes: A Weis Markets Gift card valued at $25, subject to all its Terms & Conditions. ARV: $25. Within 24-36 hours of entry, Sponsor will send an email to a potential Instant-Win winner requesting/confirming complete mailing address. The email will contain a Release Waiver that must be signed and returned to BehaviorWorx with a current mailing address. Potential winner will have 10 business days to reply with the information requested. Failure to do so in the time allotted will signify to Sponsor that the prize has been declined for all time and a new potential winner will be selected from all eligible entries in random drawings after Sweepstakes-End. If, after three (3) attempts to find a winner, the prize has not been claimed properly, the prize will not be awarded. All Instant-Win prizes will be awarded on or about 14 days after Sweepstakes-End. Odds of winning an Instant-Win Prize: Dependent on the number of entries submitted and the date and time of entry. Should the value of any prize be less than the ARV stated above, the difference will not be awarded in cash or kind. By entering this Sweepstakes, entrants acknowledge that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. Sponsor is not responsible for, and will not replace, any Instant-Win prizes for any reason once they have been delivered to the winner. It is winner's responsibility to read and follow the Terms & Conditions of the prize. The right to receive a prize is non-assignable, non-exchangeable and non-transferable and no prize substitution or cash equivalent will be given, except that Sponsor may substitute a prize of comparable or greater value in its sole discretion. Prize and prize notifications that are returned as undeliverable may disqualify winner.
Sponsor and Administrator not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's email account to receive email messages. All prizes will be awarded if claimed properly provided there are sufficient entries for each prize winning method above. Should a greater number of prize claims than those specified in these Official Rules be received or prizes awarded because of printing, emailing, programming or human errors or for any reason whatsoever, only the number of prizes stated in these Official Rules and their values will be awarded in random drawings from all claims.
6 General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sweepstakes administration will be supervised by the Administrator, an independent judging organization, whose decisions are final and legally binding. No participant or potential winner shall have the right to contest any decision by Sponsor or the Administrator, concerning any aspect of the Sweepstakes. Sponsor and Administrator are not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of, without limitation, technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor who enter incorrect information into any of Sponsor's computer systems or by force majeure. Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes if in Sponsor's sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including tampering, unauthorized intervention (hacking), fraud, technical failures, or force majeure or any other causes beyond Sponsor's control. Should the sweepstakes be canceled or terminated, the Grand Prize winner will be chosen from all non-suspect entries received to the cancellation/termination date and Instant-Win Prizes will be awarded up to the time of cancellation/termination; no further prizes will be awarded. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole judgment it suspects that entrant has not complied with these Official Rules. Without limitation, all of an entrant's discovered entries will be disqualified, at the sole discretion of Sponsor, if Sponsor suspects than an entrant has attempted: (i) to enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate, illegible or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prizes and the values listed in the Official Rules shall be awarded. The Grand Prize potential winner will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release within five (5) business days on notification or it will be concluded definitively and for all time that the prize has been declined and a new potential winner will be selected in random drawings. All prizes are awarded "as is" and there will be no substitution or compensation for a prize or part of a prize forfeited due to winner's non-compliance with all regulations or any other reason.
7 By entering, you explicitly agree to forever and irrevocably release, defend, indemnify and hold harmless the Sweepstakes Entities, their successors and assigns and their respective officers, directors, employees, representatives and agents, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims or judgments for injuries, death, fines, penalties, losses, costs, expenses and demands whatsoever in law or equity, including all legal or "expert" fees or costs, which you now have or may acquire, by reason of any of the following: personal injury, death, loss of or damage to others or to property, or any reason, occurring during or arising out of the Sweepstakes, your participation or inability to participate in the Sweepstakes; the acceptance, possession, travel related to, defect of, use, inability to use or misuse of the prizes and any elements thereof; any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor's control or human error; any interruptions in or postponement, cancellation, or modification of the Sweepstakes; any damage to entrant's (or any third person's) computer, network and/or its contents related to, or resulting from, any part of the Sweepstakes or any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities. Prizewinners waive the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's and experts fees and costs) which might arise from redeeming or seeking to redeem said prize (including travel related thereto).
8 Sweepstakes void where prohibited, licensed, or otherwise restricted by law. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners' responsibility and an IRS form #1099 will be sent to Grand Prize winner for $1,000 for the year 2013.
9 Except where prohibited by law, by entering the Sweepstakes, and as a condition of winning the prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, certain biographical information, voice and city and state address for advertising and promotional purposes, for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media now known or hereafter devised without additional compensation, review or approval rights, notification or permission. You further acknowledge that if you are chosen as a winner, your identifying information (except address, email address or phone number) may be disclosed to third parties including, without limitation, being placed on a winners' list.
10 As a condition of participating in this Sweepstakes, Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction in Northumberland County, Pennsylvania and all entrants agree to Northumberland County as the venue for any legal action without regard to conflict of laws doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys' or experts' fees. Some jurisdictions will not recognize the exclusive jurisdiction of the Courts of Pennsylvania and/or do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
11 The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Sweepstakes website, any marketing materials or these Official Rules.
13 For a Winners List - of Grand Prize winner available on or about December 26, 2013, send a self addressed, adequately stamped, #10, business envelope to Winner - Weis Markets Survey Giveaway," c/o BehaviorWorx Inc., 603 Argus Road, Suite 206, Oakville, ON L6J 6G6 to be received by January 11, 2014. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. All entries mailed to this address will be discarded.
This Sweepstakes is sponsored by Weis Markets, Inc., 1000 S. 2nd St., Sunbury, PA 17801.