Equal Ultimate Coffee Experience Sweepstakes Official Rules


THE FOLLOWING PROMOTION IS VALID ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”).  IT SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW. DO NOT PROCEED UNLESS YOU ARE AT LEAST 18 YEARS OLD (19 IF A RESIDENT OF AL OR NE) AT THE TIME OF ENTRY AND A LEGAL RESIDENT OF, AND LOCATED IN, ONE OF THE 50 UNITED STATES OR D.C.
NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

Merisant US, Inc., (“Sponsor”) is offering this Sweepstakes (“Sweepstakes”).

  1. This Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (“D.C.”) who are located in one of the 50 United States or D.C., and are 18 years of age or older (19 or older if a resident of AL or NE) at the time of entry. Employees, officers and directors of Sponsor, its parent company, affiliates, subsidiaries, agents, distributors and promotion and advertising agencies, and members of the immediate families (defined for these purposes as parents, spouse, children, siblings, grandparents, and each of their respective spouses) or households (whether related or not) of any of the foregoing are NOT eligible to participate. The Sweepstakes is void outside the 50 United States and D.C. and where prohibited by law.
  2. Sweepstakes begins at 12:00:00 am Eastern Time (“ET”) on 9/1/08 and ends at 11:59:59 pm ET on 12/1/08 (the “Sweepstakes Period”). A total of three (3) random drawings to select prize winners will be conducted from among the eligible entries received in accordance with these Official Rules. See Rule 5, below, for a complete schedule of the drawings and the entry deadlines preceding each drawing.  Proof of submission of an entry will not be deemed proof of receipt by Sponsor or Administrator.
  3. Two Ways to Enter: Entries may be submitted in accordance with these Official Rules by one of the following entry methods:
    a) To enter online, complete an online entry form at www.equal.com/coffeeexperience and submit as instructed.  Online entries must be received no later than 11:59:59 pm ET on the end date of each entry period, as described in Rule 5, below, in order to be included in the drawing(s) that follow(s) that entry period. If you want to be contacted by the Sponsor in any legally permissible manner for future promotional purposes, please check the opt-in box on the online entry form.  Each online entrant must have a valid email address.
    OR
    b) To enter by mail: Hand print your name, age, address, Zip Code, daytime phone number, and e-mail address (if you have one) on an approximately 3” x 5” card  or piece of paper and mail it in a #10, business-sized envelope with proper postage affixed to: Equal Ultimate Coffee Experience  Sweepstakes, P. O. Box 6159, Buffalo Grove, IL 60089.  Mailed entries must be received on or before the “received by” dates described in Rule 5, below, in order to be included in the drawing(s) that follow(s) that “received by” date. The last date on which a mailed entry may be postmarked for inclusion in the Sweepstakes is 12/1/08, and such entries must be received by 12/8/08, as noted in Rule 5, below.  All entries must be mailed separately. No mechanically reproduced, photocopied or computer generated entries allowed.    Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete or postage-due mail and/or entries.  
    Limit one (1) entry per person, household and email address, regardless of method used to enter, for the entire Sweepstakes Period. All non-winning entries from both entry methods combined will automatically be included in any subsequent drawing(s).
  4.  In the event of a dispute, online entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" means the natural person who was assigned the e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner who entered online may be required to provide proof to Sponsor that he/she is the authorized account holder. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method.  Sponsor is not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of or unauthorized access to, or alteration of, entries, (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants’ or any person’s computer and/or its contents that is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in this Sweepstakes; (v) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes, (vi) any entries submitted in a manner that is not expressly allowed under these rules; all such entries will be disqualified;  (vii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vii) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prize winners; or (ix) cheating or fraud by any participant.  All incomplete or non-conforming entries will be disqualified. If more than one (1) entry is submitted by the same person, household or email address, all entries made by such person, household or email address in excess of the one (1) entry allowed under these Official Rules will be disqualified.  All entries become Sponsor’s property and will not be returned. If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to suspend or terminate this Sweepstakes.  If this Sweepstakes is terminated before the original end date, Sponsor will select the remaining winner(s) by random drawing from among all eligible entries received as of the termination time and date.  Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method that is prohibited under these rules.  CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
  5. One (1) prize drawing will be held from among all eligible online entries received by each end date noted below combined with all eligible mail-in entries submitted in accordance with these Official Rules and received by each “Received By” date noted below, for a total of three (3) drawings.

Drawing Number

End Date for Submission of Online Entries

Mail-in Entries To Be Received By

Drawing Date On or About

1

9/30/08

10/7/08

10/8/08

2

10/31/08

11/7/08

11/10/08

3

12/1/08

12/8/08

12/9/08
  1. Prizes. Three (3) Grand Prizes: One (1) Grand Prize Ultimate Coffee Experience Trip will be awarded in each of the three drawings. The Grand Prize winner in each drawing will win a trip for two (2) adults (winner and guest) to the winner’s choice of ONE (1) of the following locations:

Each prize includes the following:

City

Accommodation

Day Tour

Beverage Experience

London

  • Rydges Kensington; OR
  • Corus Hyde Park; OR
  • Holiday Inn Kings Cross.
  •  Hop-on Hop-off bus Tour; OR
  •  British Airways London Eye; OR
  • Tour of London Shops (spending money not included

High Tea at the Ritz Hotel.

Paris

  • Meridian Montparnasse; OR
  • Holiday Inn Opera; OR
  • Sofitel Bercy.

(a) Paris Historic Tour; OR
(b) Paris Museum Tour; OR
(c) Disneyland Paris.

Café Les Deux Magots.

Rome

  • Hotel Napoleon; OR
  • Hotel Mondial; OR
  • Hotel Memphis.

(a) Roman Monuments Tour; OR
(b) Vatican and Papal Audience Tour; OR
(c) Roman Countryside and Winery Tour.

Sant’ Fustachio Café.
  1. The approximate Retail Value (“ARV”) of each Grand Prize, regardless of the chosen destination, is $12,000. The actual retail value of each Grand Prize depends on the city of departure, chosen activities and airfare fluctuations, and any difference between the stated ARV and the actual value, if any, will not be awarded. The Grand Prizes consist only of the items specified above. Any other costs associated with the Grand Prizes that are not specified above, including but not limited to gratuities, additional meals and transportation, and hotel incidentals, are the responsibility of the winners.
    One-Hundred Fifty (150) First Prizes: Fifty (50) First Prizes will be awarded in each of the three drawings.  Each First Prize is a Keurig B40 Elite Gourmet Home-Brewing System.  ARV: $120 each. The First Prizes consist only of the item specified above.Total ARV of prizes per drawing: $18,000. Total ARV of all prizes in this Sweepstakes: $54,000. Each Grand Prize winner’s guest must be at least 18 years of age (19 if a resident of AL or NE) by time of travel and winner and guest must travel together on the dates and times of their choosing subject to the following: Sponsor’s approval of dates; availability of hotel/transportation/other included activities; and the nine-month expiration period noted below.  Travel must be completed within nine months of the date on which the winner’s eligibility is confirmed, as notified by Sponsor, or prize will be forfeited in its entirety. Winners and their guests must have valid passports, requisite visas, vaccinations or other necessary travel documentation, if applicable. Travel/accommodations restrictions may apply. Travel arrangements must be made at least 45 days in advance of departure date.  Specific travel dates and arrangements are subject to availability. If a potential winner cannot accept prize as stated, his/her prize will be forfeited and may be awarded, at Sponsor’s discretion, to an alternate winner (time permitting with respect to Grand Prizes) from among all remaining eligible entries received. The Grand Prize trips may not be combined with any other offer and travel may not qualify for frequent flyer miles. All other expenses and costs not expressly listed above as being included in prizes, including but not limited to additional meals and tips, are solely the winners’ and guests’ responsibility.  Odds of winning a prize depend on the total number of eligible entries received from both entry methods combined prior to each drawing, in accordance with these Official Rules. Limit one prize per  person/household/email address. Prizes may not be transferred, assigned, redeemed for cash or substituted, except that the Sponsor, in its own discretion, may substitute the prize or any component of the prize with a prize or prize component of equal or greater value in the event the stated prize/component becomes unavailable.  All income taxes on prizes are solely the responsibility of the winners.  Each Grand Prize winner will be issued an IRS Form 1099 for the value of his/her prize. All prizes will be awarded provided they are properly claimed in accordance with these Rules. In the event a potential winner fails to comply with any of these Rules, or if a potential winner is deemed ineligible to receive a prize, or if a prize or prize notification is returned as unclaimed or undeliverable, the corresponding prize will be forfeited and may be awarded, in the Sponsor’s sole discretion, to an alternate winner in a random drawing from among all remaining eligible entries received (time permitting with respect to Grand Prizes).
  2. On or about each drawing date noted in Rule 5, above,  David Kessler & Associates, Inc., the Sweepstakes Administrator (“Administrator”) will conduct a random drawing to select the potential winners for each drawing from among all eligible entries received from both entry methods combined prior to each drawing, in accordance with these Official Rules. Administrator is independent of Sponsor, and Administrator’s decisions are final and binding in all matters relating to this Sweepstakes. The potential winners must comply fully with these Official Rules in order to be eligible to win and receive the prize. Sponsor or Administrator will contact potential prize winners by telephone, postal mail and/or e-mail. Each potential prize winner is required to complete, sign and return an Affidavit of Eligibility, Liability Release, and, except for Tennessee residents, a Publicity Release, within ten (10) days of date such documents are mailed or emailed to winner, or the prize will be forfeited and may be awarded to an alternate winner, time permitting with respect to Grand Prizes, in a random drawing from among all remaining eligible entries received. Each Grand Prize winner’s guest must also sign and return a Liability/Publicity Release as a condition of accompanying winner on the trip. First Prizes will be shipped approximately six (6) to eight (8) weeks following notification to each First Prize winner that his/her eligibility has been confirmed
  3. By accepting a prize, each winner consents to the use of his/her name and/or likeness for advertising, public relations, commercial or trade purposes in connection with the Sweepstakes in any media worldwide without limitation or additional notice or compensation (such consent being optional for Tennessee residents).  By entering, entrants agree to abide by and be bound by the terms of these Official Rules, and by all decisions of the Administrator, which shall be final and binding in all matters relating to the Sweepstakes.  By entering, each entrant further agrees to release and hold harmless Sponsor and Administrator, and  each of their respective parent companies, affiliates, subsidiaries and distributors, and the directors, officers, employees, shareholders and agents of each of the foregoing (including, without limitation, Sponsor and Administrator)  from and against any and all liability arising from or in connection with the Sweepstakes, or resulting from the acceptance, possession and/or use or misuse of the prize (if awarded to him/her) or  his/her participation in this Sweepstakes or in any prize or travel-related activities, including without limitation personal injury, death, property damage, any and all third party claims, demands, regulatory proceedings, damages, costs (including, without limitation, settlement costs), and expenses (including, without limitation, reasonable attorneys’ fees). Entrants further acknowledge that such parties have neither 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, without limitation, its quality, mechanical condition or fitness for a particular purpose.
  4. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrants’ rights, and obligations, or the rights and obligations of the Sponsor in connection with this Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Sweepstakes, including without limitation barring entrants who do not comply with these Official Rules. By entering, entrants consent to the jurisdiction and venue of the appropriate federal, state, and local courts located in Illinois.  Further, in any 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 participant’s actual out-of-pocket costs (i.e. costs associated with entering this Sweepstakes) to the extent allowed by law, and participant further waives all rights to have damages multiplied or increased.  This Sweepstakes is subject to all applicable federal, state and local laws and regulations.
  5. For the names of the winners, send a self-addressed, stamped #10 size envelope, to be received by 1/14/09 to: Equal Ultimate Coffee Experience Sweepstakes Winners, David Kessler & Associates, Inc., P.O. Box 6096, Buffalo Grove, IL 60089-6096.
    Sponsor: Merisant US, Inc., 33 N. Dearborn, Chicago, IL  60602
    Administrator:    David Kessler & Associates, Inc., 391 Castlewood Lane, Buffalo Grove, IL 60089