OFFICIAL YUENGLING TEXT2WIN EMOTION KAYAK, NY STATE SWEEPSTAKES RULES
1. ELIGIBILITY: There is no purchase necessary to enter or to win. A purchase will not
increase your chances of winning. The Yuengling Text2Win Sweepstakes is open to legal
U.S. residents of NY who are 21 years of age or older as of the date of their entry or the
expiration of this contest. Satisfactory proof of age and identification will be required.
Void where prohibited by law. By entering the sweepstakes by text or mail the entrant or
winner is agreeing to all these rules. Sponsor reserves the right to void any entry or
winner not in compliance with the rules stated above and below. Sponsor reserves the
right to terminate the sweepstakes at any time and to change the rules.
2. HOW TO ENTER: Simply text by wireless, SMS-capable phone the stipulated and
advertised text keyword in your geographic area for this program to the short code
number, 83361. The text keyword is found on all sweepstakes point-of-sale materials. All
entries are logged and inventoried by computer. You may not receive any notice that you
have been entered. All entries must be received by 11:59:59 PM EST on May 31, 2010.
You may enter as often as you wish and are not limited to only one entry, however
multiple entries from the same cell phone will not increase your chances of winning. You
must be 21 years of age and text from your own cell phone. Your cell phone carrier’s
standard text-message rates apply. There is no cost from Sponsor for texting to win. Other
charges may apply; check your mobile plan for details. Available on participating carriers
only. Important notice: Your wireless service provider may charge you for each text
message you send and receive. Please consult your wireless service provider regarding
pricing plans. Alternate method of entry: You may also enter by submitting a 3” x 5” card
with your full name, address, city, state, zip, cell phone or telephone number, email
address, date of birth and the text keyword for your geographic area. All entries must be
complete and legible to be valid. All incomplete/illegible entries are void. Mail your entry
to: Yuengling Text2Win Sweepstakes, Ashley Advertising, 2825 Soni Dr., Trooper, PA
19403 (sometimes referred to as “Agency”). Limit of one (1) entry per person. No
mechanically reproduced or photocopied entry forms will be accepted. All text and mail-in
entries must use the stipulated text keyword to enter this sweepstakes. Entries must be
postmarked no later than May 31, 2010. Any entry post marked later than May 31, 2010
and as mail entry not received within 5 days after May 31, 2010 is immediately considered
invalid.
3. CONTINUAL/TRANSMISSION USE: Sponsor may from time to time text you specials,
offers, features, promotions or advertising that it deems appropriate. By entering this
Sweepstakes you agree to these terms and conditions and agree to accept such text
messages. Participants will be provided an option to opt out of any additional text
messages. It is the participants’ responsibility to opt out of receiving any additional text
messages when prompted.
4. PRIZE/ODDS: A total of fifteen (15) Grand Prize winners will be awarded in the state of
NY. One (1) winner per unique key text code will be awarded (1) Emotion Kayak. Actual
odds of winning depend on the number of valid entries received during the length of the
program in the state of NY. No duplicate winners. No winners will be awarded more than
one prize per contest. Sponsor reserves the right to substitute a similar prize of equal or
greater value at its sole discretion.
All federal, state and local taxes and fees resulting from or associated with the prize, are
the sole responsibility of the prize winner. Limit one (1) winner per individual, or immediate
family member as defined below. Prize is not transferable or redeemable for cash.
Approximate retail value of the prize varies from market to market, state to state and
varies in value. Winner is responsible for picking up the prize at a designated location if in
the Sponsor’s opinion, it is not conducive to ship directly to the winner. The Sweepstakes
is subject to all applicable Federal, state and local laws and regulations and void where
prohibited. The winner will report the value of the prize and pay all applicable federal,
state and local taxes as required by law. All taxes, are the sole responsibility of the
winner. Sponsor will be reporting the prize given to the winner as required by law.
5. DRAWING/GENERAL CONDITIONS: Winners will be selected seven (7) days from the
final date May 31, 2010 of the contest in a random computer drawing conducted and/or
created under the supervision of Ashley Advertising, whose decisions are final and
binding. Winner will be notified by a text message to the number the winner used when
winner entered by text or at the cell phone or telephone number or e-mail addresses
provided in a mail-in entry. The agency will attempt to contact the potential winner by
these methods only. The winner will be required to sign and return (via certified mail) an
Affidavit of Eligibility post marked within seven (7) days of receipt of notification or an
alternate winner will be selected. In the event that the prize winner selected not be
confirmed and verified by June 30,2010, that prize will not be awarded due to the lack of
time before the date of the prize event. The winner will be required to execute a
liability/publicity release (except where prohibited). Failure to return the affidavit and
release in seven (7) days constitutes forfeiture of the prize and the prize will be awarded
to an alternate winner. Sponsor reserves the right and insists that the winner present valid
state photo identification proving they are 21 years of age or older and their identity. If
prize notification is unsuccessful, or in the event of non-compliance with any of these
rules, regulations, terms or conditions, the prize will be forfeited and an alternate winner
will be selected from the remaining eligible entries. By entering the sweepstakes by text or
mail the entrant or winner is agreeing to all these rules. Sponsor reserves the right to void
any entry or winner not in compliance with the rules stated above or below. Prize
acceptance constitutes permission by the winner (except where prohibited) to use, print,
publish and broadcast in any media at any time, the winner’s name, photograph, identity,
portrait, voice, likeness and biographical information for publicity purposes without
additional compensation or review.
6. RELEASE OF LIABILITY: By entering the Yuengling Text2Win Sweepstakes, all
entrants and winners agree to release and hold harmless D.G. Yuengling & Son, Inc.,
Ashley Advertising, participating mobile service providers and their respective parent
companies, distributors, affiliates and subsidiaries, their respective service agencies and
independent contractors; their respective directors, officers, agents and employees; and
all others associated with the development and execution of this sweepstakes
(collectively, the "released parties") from any and all liability with respect to or in any way
arising from the sweepstakes, participation in any sweepstakes-related activity event or
travel and/or acceptance, possession or use or misuse of the prize, or delivery or
misdelivery of the prize, regardless of whether such claims are founded in whole or part
upon alleged negligence, gross negligence or willful misconduct of any of the released
parties, and including, without limitation, liability for any personal injury, bodily injury
(including but not limited to wrongful death or disability), damage to or loss of property or
damage or loss of any other kinds. Each entrant and winner also waives all rights to
claim damages and losses including but not limited to punitive, incidental and
consequential damages and rights to have damages multiplied or increased. If, for any
reason, the sweepstakes is not capable of running as planned by the Sponsor, including
but not limited to federal, state, or local laws, delays, fraud, technical failures, or any other
causes that, in the sole opinion of Sponsor, could corrupt or affect the administration,
security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the
right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes.
Sponsor is not responsible for late, lost, stolen, misplaced, misdirected, damaged,
incomplete or incorrect cell phone numbers, text or mail-in entries. Sponsor, its agency
and their affiliates are not responsible for transmission, mechanical, electrical or computer
errors. All entries become the exclusive property of the Sponsor and Ashley Advertising
and will not be returned. Sponsor and its agency are not responsible for wrong
addresses, non-delivered or delayed mail or texted entries.
7. SPONSOR: D.G. Yuengling & Son, Inc., 5th and Mahantongo Streets, Pottsville PA
17901.
8. WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope no
later than thirty (30) days from the expiration date of the contest to: Yuengling Text2Win
Sweepstakes, Ashley Advertising, 2825 Soni Drive, Trooper, PA. 19403.
9. EXEMPTIONS: Employees of D.G. Yuengling & Son, Inc., their distributors and any
suppliers, distributors, retailers or other persons licensed to sell alcoholic beverages and
their respective affiliates, subsidiaries, advertising or promotions agencies, or immediate
family members are not eligible to participate. Immediate family is defined as: Mother,
Father, Spouse, Children, Son-In-Law, Daughter-In-Law, Mother-in-Law, Father-in-Law,
Grandmother, Grandfather, Grandchildren or any relative or other person residing in such
employee’s place of residence.
10. COMMENCEMENT/EXPIRATION DATES: The Sweepstakes begins on March 1,
2010 at 12:01 AM and ends at 11:59:59 PM EST on May 31, 2010.
11. TRANSMISSION COST: There is absolutely no cost charged to either you or your cell
phone by the Sponsor to enter this sweepstakes; however your normal text charges will
apply. Sponsor in no way will be liable for your text or cell phone expenses and assumes
absolutely no liability.
12. ANY CLAIMS OR CONTROVERSIES RELATING TO OR ARISING FROM THIS
SWEEPSTAKES SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF PENNSYLVANIA WITHOUT REGARD TO THE
CONFLICTS OF LAW PRINCIPLES THEREOF AND SHALL BE BROUGHT IN THE
STATE AND FEDERAL COURTS LOCATED IN SCHUYLKILL COUNTY,
PENNSYLVANIA. EACH ENTRANT AGREES TO THAT VENUE AND JURISDICTION
AND THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND
ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS. Further, in
any such dispute, under no circumstances will participant be permitted to obtain awards
for and hereby waives all rights to claim punitive, incidental; or consequential damages,
including reasonable attorneys fees, other than participates actual out-of-pocket expenses
(i.e. costs associated with entering this sweepstakes) and participant further waives all
rights to have damages multiplied or increased.