08.17.12

Get Countin’ and Win Official Rules

The official rules for the Get Countin’ and Win contest! Read for more details…

NO PURCHASE NECESSARY

STANDARD DATA AND TEXT MESSAGING CHARGES MAY APPLY.

  1. Promotion Period: The Six Flags®/Wonderful® Pistachios “Get Countin’ and Win” Instant Win Game (the “Promotion”) begins at 10:00 a.m. Pacific Time (“PT”) on August 17, 2012 and ends at 8:00 p.m. PT on August 28, 2012 (“Promotion Period”). Don Jagoda Associates, Inc.’s (“Administrator”) clock will be the official timekeeper for this Promotion.

 

  1. How to Play: No purchase necessary. During the Promotion Period, using your cellular phone or a two-way text-messaging device (collectively, the “Device“), text the short code “PISTACHIO” to 63784. Once you have sent the text, you will need to reply to a message verifying your eligibility (per these rules) and then you will need to text your number answer to how many pistachios you believe are in the jar located inside Pistachio Park at Six Flags® Magic Mountain (“Jar”) to receive one (1) entry and one (1) game play. To enter/play without a Device, visit Guest Relations at Six Flags® Magic Mountain and on a 3” x 5” piece of paper, provide your name, phone number, date of birth and number answer to how many pistachios you believe are in the Jar. If you receive a winning message, you are a winner of the Instant Win Prize indicated, subject to verification. Visit Guest relations in park to claim Instant Win Prize. Text-messaging may not be available through all wireless carriers or accessible in all areas. All text entries/plays must be completed and submitted by 8:00 p.m. PT on August 28, 2012 to be eligible for the Grand Prize or for the final day’s (as defined below) Instant Win Prizes. To enter/play without a Device or viewing the Jar at Six Flags® Magic Mountain, send a self addressed stamped envelope to: Six Flags/Wonderful® Pistachios “Get Countin’ and Win” Instant Win Game, Dept. AL, 100 Marcus Drive, Melville, NY 11747. Administrator will then send you back a photograph of the Jar. Once you receive the photograph of the Jar, send a 3” x 5” piece of plain paper with your complete name, address, city, state, zip code, phone number, email address (not required), date of birth and number answer to how many pistachios you believe are in the Jar to: Six Flags/Wonderful® Pistachios “Get Countin’ and Win” Instant Win Game, Dept. AL, 100 Marcus Drive, Melville, NY 11747. Self addressed stamped envelopes must be postmarked by August 28, 2012 and received by September 4, 2012. Entries/game plays must then be postmarked by September 15, 2012 and received by September 22, 2012. Instant Win requests will be played on your behalf by Adminstrator. Only winning game plays will be notified. Winning game plays will be automatically sent their prize. All potential winners are subject to verification before any prize will be awarded. Limit one (1) entry/game play per person/mobile phone number during the Promotion Period, regardless of method of entry/game play. Entrants will be charged according to their carrier’s standard message and data rates and entrants should contact their carrier for pricing plans and details. Normal Internet access and usage charges imposed by your Device’s service will apply. Automated entries/game plays, or those generated by script or bot are not eligible. All entries/game plays must be complete to be eligible. All entries/game plays become property of Paramount Farms International LLC (“Sponsor”). For the purposes of this Promotion, a “day” is defined as beginning at open of business at Six Flags® Magic Mountain each day and ending at close of business at Six Flags® Magic Mountain each day with the exception of the first day, which will begin at 10:00 a.m. PT and end at close of business at Six Flags® Magic Mountain and the last day, which will begin at open of business at Six Flags® Magic Mountain and end at 8:00 p.m. PT.

 

  1. Verification: Seventy-two (72) random, computer-generated winning times [six (6) per day of the Promotion Period] will be generated during the Promotion Period. If you are the first player to play at or after one of the randomly-generated times, you will be a potential winner of an Instant Win Prize. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN PRIZE WINNER HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID AND WILL NOT BE HONORED. If, due to an error of any kind, more participants are notified that they are instant winners than are intended to be awarded, the intended prize will be awarded to the first eligible person to claim prize. In no event will the Sponsor be obligated to award more than the stated number of prizes. In the event there are no game plays on a particular day of the Promotion Period, no Instant Win Prizes will be awarded that day. The Sponsor and its agencies assume no responsibility for any injury or damage to participants’ or to any other person’s computer relating to or resulting from playing the game or downloading materials or software in connection with this Promotion.

 

  1. Grand Prize Winner Determination/Random Drawing: The entrant who guesses the exact correct number of pistachios in the Jar will be determined the Grand Prize winner, subject to verification. Administrator will have on record the exact number of pistachios for verification of entries. In the event more than one (1) entrant guesses the correct number of pistachios in the Jar, a random drawing will be conducted from among all entrants who selected the correct number of pistachios in the Jar. In the event no one guesses the correct number of pistachios in the Jar, a random drawing will be conducted from among all eligible entrants who guessed the closest (without going over) to the actual number of pistachios. Winner determination/random drawing will be conducted by Don Jagoda Associates, Inc. (“Administrator”), whose decisions are final and binding in all matters related to this Promotion.

 

  1. Prizes, Approximate Retail Values (“ARV”) and Odds of Winning: Grand Prize (1): $1,000, awarded in the form of a check, a year’s supply of Wonderful® Pistachios (awarded in Sponsor’s sole discretion) and six (6) Six Flags Single ParkSeason Passes valid for 2013. The ARV of the Grand Prize is $2,048.94. Instant Win First Prize [24 – two (2) per day] – Two (2) one-time use Exit Passes for Six Flags® Magic Mountain. The ARV of each Instant Win First Prize is $20.00. Instant Win Second Prize [24 – two (2) per day] – Two (2) snack vouchers for use at Six Flags® Magic Mountain. The ARV of each Instant Win Second Prize is $10.00. Instant Win Third Prize [24 – two (2) per day] – Two (2) Sponsor-specified bags of pistachios. The ARV of each Instant Win Third Prize is $9.98. The total ARV of all prizes is $3,008.46.

 

Exit Passes and snack vouchers are subject to restrictions and expire on August 28, 2012; vouchersmust be used at Six Flags® Magic Mountain. Six Flags Season Passes valid for the 2013 operating season at any Six Flags Theme Park in the United States.  Not valid at Hurricane Harbor LA, Hurricane Harbor NJ, Hurricane Harbor Arlington, White Water Bay Atlanta or on Multiple Park Combo Passes. Operating schedules may vary by Park; guests subject to park rules and regulations. Year supply of Wonderful® Pistachios will be awarded in the form of four (4) Sponsor-specified cases of pistachios. If applicable, odds of winning the Grand Prize depend on the total number of eligible entries received throughout the Promotion Period that contained the correct guess to the number of pistachios; or the total number of eligible entries received throughout the Promotion Period that contained the guess closest to the correct number of pistachios, without going over. Odds of Winning an Instant Win First Prize, an Instant Win Second Prize or an Instant Win Third Prize is 1 in 510. Prizes are nontransferable and no substitutions of prizes by winners are allowed. Sponsor and its agencies assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Promotion. All federal, state and local taxes are the sole responsibility of the winners, if applicable. Unclaimed Instant Win Prizes for any day will be awarded on the next consective day, with the exception of the last day, when unclaimed Instant Win Prizes will not be awarded.

 

  1. Eligibility: No purchase necessary. Open only to legal residents of the United States who are 13 years of age and older as of date of entry/game play.Employees and agents of Sponsor, Six Flags Entertainent, Administrator, and each of their respective affiliates, shareholders, directors, officers, parents, volunteers or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are not eligible. Void where prohibited by law and subject to all federal, state and local laws.

 

  1. Claiming/General Rules: If playing at Six Flags® Magic Mountain, to claim an Instant Win Prize, visit Guest Relations at Six Flags® Magic Mountain by close of business on the day you received the winning message. If playing via mail and determined an Instant Win Prize winner, you will be automatically sent your prize within six to eight weeks after verification. You must show the Guest Relations attendant the winning message and confirm your eligibility prior to prize award. Once the prize claim has been verified, Guest Relations attendant will award the applicable Instant Win Prize to you.  The potential Grand Prize winner will be notified via phone and will then be required to sign and return an Affidavit of Eligibility, liability/publicity release (where legal) within ten (10) days of notification attempt sent via email/mail or prize will be forfeited and an alternate winner selected. Return of Grand Prize notification as undeliverable may result in disqualification and alternate selection. Once a winner redeems his/her prize, in the event any winner(s) engages in behavior that (as determined by Sponsor, in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to eject the winner from Six Flags® Magic Mountain. Participating in the Promotion constitutes permission to the Sponsor and its agencies to use participants’ names, biographical information, pictures/portraits, likenesses and/or voices, for purposes of advertising and trade in any and all media now known or hereafter devised, worldwide in perpetuity, without further compensation or notification to, or permission from, participant or any third party, unless prohibited by law.  By entering/playing, participant accepts and agrees to be bound by these Official Rules and the decisions of the Sponsor. Winners and all participants, as a condition of entry/game play into the Promotion, agree to release Sponsor, Six Flags Entertainment, Administrator, and each of their respective parents, subsidiaries, affiliated companies, promotion agencies (“Releasees”) and each of their respective officers, directors, shareholders, members, employees, agents, assigns and all others associated with the development and execution of this Promotion from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with entering/playing the game or otherwise participating in any aspect of the Promotion, the receipt, ownership or use of any prize awarded or any typographical or other error in these Official Rules or the announcement of offering of the prizes. In the event of a dispute as to the identity of a participant, the authorized account holder of the mobile phone number used to enter/play, will be deemed to be the participant.  “Authorized account holder” of the mobile phone number is defined as the natural person who is assigned to the mobile phone number by an Phone Access provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry/game play process or the operation of the Promotion; violates the Official Rules; acts in an unsportsmanlike or disruptive manner: or acts with intent to annoy, abuse, threaten or harass any other person. Sponsor, Six Flags, Administrator and the Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Promotion which may limit the ability to participate, or by any human error which may occur in the processing of the entries/game plays in this Promotion. Sponsor reserves the right to cancel, terminate or modify the Promotion if it cannot be completed as planned for any reason, including for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or corruption of any sort. In such event, Sponsor will award the Grand Prize from among all eligible entries received prior to cancellation/termination as described above (based on guess) and award the applicable Instant Win Prizes claimed prior to the cancellation/termination of the Promotion. As a condition of participating in the Promotion, participant agrees that: 1) under no circumstance will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
  2. Applicable Laws and Jurisdiction: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California in the U.S. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

 

  1. Winner List: For the name of the Grand Prize winner, send a self addressed stamped envelope to: Six Flags/Wonderful® Pistachios “Get Countin’ and Win” Instant Win Game Winner, 100 Marcus Drive, Dept. AL, Melville, NY 11747 between October 10, 2012 through November 9, 2012.

 

  1. Sponsor/Administrator: The Sponsor of the Promotion is Paramount Farms International LLC, 11444 W. Olympic Blvd., 3rd Floor, Los Angeles, CA 90064. The Administrator of the Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.

 

 

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