4/8/2022
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Comet® “You Could Win $10,000” Game
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- Promotion Description/Promotion Period: The Comet®“You Could Win $10,000” Game (the “Game”) is an instant win Game conducted via text entry and mail-in entry that begins at 12:00:00 PM (ET) on March 1, 2021 and ends at 11:59:59 PM (ET) on July 1, 2021 (the “Promotion Period”). During the Promotion Period, eligible entrants may play.
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Official Game Rules
NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE OR TEXT MESSAGE DOES NOT INCREASE YOUR CHANCES OF WINNING.
WINNER MAY BE REQUIRED TO RECEIVE AND RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) ACCORDING TO THESE OFFICIAL RULES AND NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility: Participation open to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older at the time of entry, except employees of KIK Custom Products, Inc.. (“Sponsor”), its subsidiaries and affiliates, divisions, advertising and promotion agencies, individuals engaged in the development, production or distribution of materials for this Game, their immediate family members and persons living in the same households of each (whether related or not) are not eligible to participate. Void where prohibited by law.
2. Promotion Description/Promotion Period: The Comet®“You Could Win $10,000” Game (the “Game”) is an instant win Game conducted via text entry and mail-in entry that begins at 12:00:00 PM (ET) on March 1, 2021 and ends at 11:59:59 PM (ET) on July 1, 2021 (the “Promotion Period”). During the Promotion Period, eligible entrants may play the instant-win Game for a chance to win one of the One Thousand Two Hundred Fifty One (1,251) available prizes.
3. How to Play: During the Promotion Period, There are two (2) ways to participate in the Game: via text message with Promotion Code or via mail-in entry.
A. Text Message Entry with Promotion Code: Eligible entrants may enter via cellular phone by texting the key word COMET to 40691. A return text message will be sent to the participant containing a link to the promotional website. You will receive one (1) reply text message sent via autodialer with a link to the Website. By texting as described above, you are requesting the response outlined herein. Consent is not required as a condition of purchase. The participant must then complete the registration information as directed and enter a Promotion Code from Comet product packaging to enter the Game. Find Comet® “You Could Win $10,000” Game Promotion Codes affixed to specially-marked packages of select Comet products from March 1, 2021 and July 1, 2021, or while supplies last, whichever occurs first. Each Comet® “You Could Win $10,000” Game Promotion Code is good for one (1) game play. After submitting the registration information, the promotional website will serve the Game participant with a game play message which can be revealed by the Game participant by following the instructions on the promotional website. The game play message will either reveal a prize winning outcome or a non-prize-winning outcome. If you do not receive a prize-winning message during your online session at the promotion website upon entering your registration information and Promotion Code, you are not a winner.
B. Mail-In Entry Method: To enter without sending a text message or obtaining a Promotion Code, eligible participants can request one (1) Game play per outer stamped envelope. To receive one free Game play, legibly hand-print your name, complete mailing address, phone number, date of birth, email address (if available) on a 3” x 5” piece of paper, insert the paper into a stamped #10 envelope and mail it to “Comet Game Play Request” PO Box 11487, Bozeman, MT 59719-1487, postmarked by July 1, 2021 and received by July 8, 2021. Sponsor’s representative will play the Game on behalf of the mail-in participant and will notify the participant if the outcome of the Game play is a prize-winning message by July 31, 2021. Mail-in entrants will NOT be notified if the corresponding game play does not result in a prize-winning message. Game Sponsor is not responsible for lost, late, stolen, misdirected, incomplete, illegible, damaged or postage-due game play requests.
4. More on Text Message Entry: You must be a wireless service subscriber with text messaging functionality to enter via the Text Message Entry method. Participation in this Game via Text Message Entry may not be available through all wireless carriers. Please note that your cellular service provider may charge you standard text messaging charges for each text message you send and receive on your cellular phone in connection with this Game. Please consult your cellular service provider regarding their pricing plans. Check your phone capabilities for specific instructions. Message and data rates and/or other fees may apply. You may be charged by your wireless carrier for participating in the Game online via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating in the Game via mobile device. Not all mobile devices offer wireless internet access and wireless internet access may not be available in all areas.
5. How To Claim a Prize: Participants who receive a prize-winning message will be required to fill out a Prize Claim Form for prize claim / verification / redemption. The Prize Claim Form must be filled out by the potential winner in its entirety or potential prize winner will be disqualified and unawarded prize may be reintroduced into the Game provided there is sufficient time remaining in the Game to award the prize. The Potential Grand Prize winner will be required to sign an Affidavit of Eligibility/Release of Liability/Publicity and Advertising Consent and Release (except where prohibited by law) and such other documents reasonably required by Sponsor as part of the prize claim process. All such documents must be signed and returned within ten (10) days of notification or prize will be forfeited and an alternate winner may be selected as provided for in these Official Rules. In the event that any potential prize winner is disqualified for any reason, Sponsor will attempt to award the prize to an alternate potential winner provided there is sufficient time remaining in the Game to award the prize. If there is no confirmed winner even after an attempt to award the prize to an alternate potential prize winner, the applicable prize may go unawarded. Allow 6-8 weeks after the conclusion of the Game for prize fulfillment. Prizes are non-assignable and non-transferable. Prize pictures in point-of-sale, online, television and print advertising, promotional packaging, and other Game materials are for illustrative purposes only.
6. Instant Win Prizes/Approximate Retail Values (“ARV”)/Odds: A total of 6,000,000 Promotion Codes will be available for distribution. One (1) Grand Prize: A check for $10,000. Approximate retail value of the Grand Prize is $10,000.00. Odds of winning this are no greater than 1:6,000,000. Grand Prize winner will receive a 1099 tax form for the ARV of the prize. Two Hundred Fifty (250) First Prizes: Each First Prize consists exclusively of one (1) $50 Visa® Prepaid card code. Approximate retail value of each First Prize is $50.00. Please note that the Visa® Prepaid Card expires 4 months from the date it is issued. Use the card anywhere Visa debit cards are accepted around the world. The Visa Card is issued by The Bancorp Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Winners are advised to pay close attention to the expiration date of the Card. Odds of winning a First Prize are no greater than 1:24,000. One Thousand (1,000) Second Prizes: Each Second Prize consists exclusively of one (1) coupon for one (1) can of Comet® Powder. Maximum retail value of each Second Prize is $3.00. Odds of winning a Second Prize are no greater than 1:6,000. Coupon expires on September 25, 2021. Approximate retail value of all available prizes is $25,500.
7. Conditions of Participation & Certain Restrictions: The participant is solely responsible for entering the Game between March 1, 2021 and July 1, 2021, as well as properly claiming a prize if the Game player receives a prize-winning message. The Grand Prize winner must agree to certain terms and conditions related to eligibility, release of liability, and Sponsor’s and its designee use of winner’s name and/or likeness for publicity, advertising and promotional purposes, without compensation (unless prohibited by law) as part of the prize claim process. Noncompliance may result in disqualification and forfeiture of prize. Taxes on any prize are the sole responsibility of the winner. No cash equivalents, prize substitutions or transfer of prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. Acceptance of prize constitutes permission to the Sponsor to use winner’s name and/or likeness for purposes of advertising and promotion without additional compensation, unless prohibited by law. All entries become the property of KIK Custom Products, Inc. and will not be acknowledged or returned. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. By participating, entrants agree to release KIK Custom Products, Inc., its affiliates, subsidiaries, divisions, wholesalers, retailers or distributors or advertising and promotion agencies and each of their respective officers, directors, employees, agents or representatives (collectively, “Released Parties”) from and against any and all claims, demands, losses and liabilities of any nature whatsoever, which entrant may now or hereafter be entitled to assert, including but not limited to, any death, injury, loss of enjoyment, damage to computer equipment, or other harm or loss of any nature whatsoever caused or contributed to by participation in the Game, any of the prizes awarded in the Game and/or in connection with the awarding, receipt and use or misuse of prize, and/or claims based on publicity rights, defamation or invasion of privacy. Winners acknowledge that neither Sponsor nor its 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 manufacturers’ terms therefore and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. By participating in this Game, entrants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Game.
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Released Parties are not responsible for lost, late, or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Game is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Game, the Sponsor reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Game and to award the available prizes via a random drawing from among all valid eligible entries received up to the point of the action taken by the Sponsor provided a sufficient number of entries have been received. Caution: Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserve the right to seek damages from any such person to the fullest extent of the law.
8. GOVERNING LAW/DISPUTES: VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state, and local laws and regulations apply. By participating in the Game, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of participants, Sponsor, or the Released Parties in connection with the Game will be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY PARTICIPATING IN THE GAME, PARTICIPANT AGREES THAT, EXCEPT WHERE PROHIBITED BY LAW: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GAME, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
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