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SEAPAK WIN ON WEDNESDAY CONTEST

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. WINNERS WILL BE CHOSEN AT RANDOM.

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.

VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.

The SeaPak Win on Wednesday Contest (“Promotion”) is sponsored by SeaPak Shrimp & Seafood Co. (“Sponsor”), 1867 Demere Road, St. Simons Island, GA 31522, and administered by Scout Marketing, 3331 Peachtree Road, Atlanta, GA 30326.

1. PROMOTION TIMING: The Promotion begins at 12:01 AM Eastern Time (“ET”) on March 5, 2014 and ends at 11:59:59 PM ET on April 16, 2014 (“Promotion Period”). The Promotion consists of an “Instant Win Game”. The Administrator’s computer is the Promotion’s official clock.

 

2. ELIGIBILITY: The Promotion is offered only to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Promotion Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Void in Puerto Rico, all United States territories and possessions and overseas military installations, elsewhere, and where prohibited or restricted by law. Promotion is subject to all applicable federal, state, and local laws and regulations.

 

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions and interpretations, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. If an entrant participates via a mobile device, Message and Data Rates may apply. Not all cellular phone providers carry the service necessary to participate in this Promotion through a mobile device. Please check your mobile device’s capabilities for specific web enabled browsing instructions and pricing plans. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of the Promotion, an Entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.

3. HOW TO ENTER: During the Promotion Period, an eligible entrant must logon to SeaPak’s Facebook Contest page and enter his/her valid e-mail address. If it is the entrant’s first visit to the contest page, then he/she must complete and submit the registration form by providing the information requested by Sponsor including, but not limited to: complete first and last name (initials are not permitted), street address (P.O. Boxes are not permitted), city, state and ZIP Code. The entrant will be directed to play an instant win game (“Game Play”). After completing a Game Play, the entrant will receive notification on the screen as to whether he/she is a potential instant winner (“Instant Win Notification”). Each entrant who receives an Instant Win Notification stating that he/she is a winner will be deemed an instant winner pending confirmation and verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion.

 

An entrant is limited to one (1) Game Play per day, regardless if the entrant has more than one (1) e-mail address. A “day” is defined as starting at 12:00 AM (midnight) ET and ending at 11:59:59 PM ET on a calendar day during the Promotion Period. Although subsequent attempts to enter on a given day may be received, only the first complete entry received from a particular entrant will be eligible. In the event of a dispute as to any registration, the Authorized Account Holder, as that term is defined in Section 12, of the e-mail address used at the time of winning will be deemed to be the entrant.

In the event that a household enters the Promotion using more than five (5) unique e-mail addresses, all of the Game Plays associated with that household (determined by Sponsor or Administrator in their sole discretion) may be disqualified. An entrant/household is limited to winning a total of one (1) instant prize during the entire Promotion Period.

 

4. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING

A. Instant Prizes: The following instant prizes will be available during the Promotion Period, and delivered via ground shipment 6-8 weeks after the Promotional Period has ended.

 

Instant Prize Description

ARV of Each Instant Prize

Quantity

Total ARV

Kitchen Agenda

$30.00

35

$600.00

Trunk Organizer

$30.00

35

$900.00

Sandless Beach Tote

$30.00

35

$900.00

Beach Towel

$20.00

35

$600.00

Collapsible Measuring Cups

$9.00

70

$540.00

Lighthouse Cookie Cutters

$3.00

70

$180.00

Cutting Boards

$3.50

70

$210.00

Beach Frisbee

$1.00

70

$60.00

Canvas Tote Bag

$26.00

14

$312.00

Folding Chairs

$16.00

14

$192.00

 

B. Odds of Winning: The odds of winning an instant prize depend on when the entrant completes a Game Play. Instant prizes will be made available at random times throughout the Promotion Period. To be an instant winner, an entrant’s Game Play must have occurred at the exact randomly predetermined winning time as determined by Sponsor and/or Administrator. If a Game Play does not occur at the exact randomly predetermined winning time, then the next entrant’s Game Play to occur after that time will be an instant winner. The number of instant prizes available to be won will decrease during the Promotion Period as instant prizes are awarded and claimed.

 

5. HOW TO CLAIM A PRIZE:

 

A. Instant Winners: Each potential instant winner will receive an Instant Win Notification after the completion of a winning Game Play. If a potential instant winner is found to be ineligible, is not in compliance with these Official Rules, does not comply with Sponsor’s instructions, or if the instant prize is returned as undeliverable, the instant prize may be forfeited, in Sponsor’s sole discretion. Instant win prizes will be mailed to the Instant Winner at the physical address provided at the time of registration.

 

6. LIMITATION OF LIABILITY: By participating in this Promotion, entrants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize; and (viii) Game Plays or entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Promotion Entities are not responsible for any unanswered or undeliverable winner notifications.

By entering the Promotion, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion;

(b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension.

Without limiting the foregoing, everything regarding this Promotion, including the prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

 

7. DISPUTES: THE PROMOTION AND ISSUES CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES SHALL BE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. BY PARTICIPATING, ENTRANTS AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, AND WITHOUT RESORT TO CLASS ACTION, EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN ERIE COUNTY, NEW YORK. SHOULD THERE BE ANY CONFLICT BETWEEN THE LAWS OF THE STATE OF NEW YORK AND ANY OTHER LAWS, THE CONFLICT WILL BE RESOLVED IN FAVOR OR THE LAWS OF THE STATE OF NEW YORK. ALL JUDGMENTS OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES (EXCLUDING ATTORNEYS’ FEES) ASSOCIATED WITH PARTICIPATION IN THIS PROMOTION, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

 

8. PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in this Promotion will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents, and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules, in accordance with Sponsor's Privacy Policy as stated at www.seapak.com/policies

 

9. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Promotion and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law. By entering the Promotion, entrant agrees that any information provided by entrant may be used by Sponsor as permitted under Sponsor’s Privacy Policy available at www.seapak.com/policies

 

10. GENERAL: All Game Plays/entries and requests become Sponsor’s property and will not be returned or acknowledged. Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any attempted form of participation in this Promotion other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s Game Plays and entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the ”Authorized Account Holder” of the e-mail address submitted on the registration form associated with such entry. Authorized Account Holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an Authorized Account Holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Game Plays and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.