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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.

 
   
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