Kozy Shack - Get Real And Win!

Kozy Shack^® Get Real and Win Instant-Win Game & Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS & A VALID EMAIL ACCOUNT REQUIRED FOR ENTRY.

OPEN ONLY TO LEGAL RESIDENTS OF CANADA, 18 YEARS OR OLDER AS OF FEBRUARY 5, 2010

The Promotion begins February 5, 2010 at 12:00:01 a.m. Eastern Time (“ET”) and ends May 31, 2010 at 11:59:59 p.m. ET (“Promotion Period”).

The Kozy Shack Get Real and Win Instant-Win Game & Sweepstakes (“Promotion”) is void outside Canada and where prohibited.

1. How to Play and Enter. During the Promotion Period, visit www.getrealandwin.com and follow the links and instructions. First time participants in the Promotion will be required to complete an online registration form, providing full legal name, valid e-mail address, complete home address including a valid home street address (Postal Boxes are not permitted) and date of birth. You will also be required to create a personal password.

Instant-Win Game: Click on the button to play the Get Real and Win Game. Once on the sign-in page, you will be asked to input a UPC code from the outside package of any Kozy Shack^®product, BUT, purchase of a Kozy Shack^®product is NOT required. If you do not have a UPC code, you may request that a UPC code be sent to you by e-mail. Follow the instructions to input your UPC to begin game play. Game play consists of reviewing three statements and indicating whether each is “real” or “not real.” This portion of game play is for fun only and your responses (whether correct or not) will not determine whether you have won a prize. However, a game play requires that all three statements be classified as “real” or “not real.” Following this game play, you will receive a message to tell you whether you are a daily prize instant winner. If you receive a prize notice, you will be asked to answer a mathematical skill-testing question within a two-minute time limit. Once completed, submit your answer online by clicking “submit”.

Random Drawing Sweepstakes: If you receive a non-winning message (instead of a prize notice) for the Instant-Win Game, you will be automatically entered into the Sweepstakes portion of the Promotion.

To enter the Sweepstakes without playing the Instant-Win Game, click the “Just enter me in the sweepstakes” link and follow the instructions to complete the sweepstakes entry form.

Only one game play and Sweepstakes entry per person, household or e-mail address is permitted per day (12:00:01 a.m. ET – 11:59:59 p.m. ET). Inputting a UPC code online is the only way to participate in the Instant-Win Game; completing and submitting an online registration form is the only means of entering the Sweepstakes. Returning visitors to the site need only input their registered e-mail address and password for subsequent game play and sweepstakes entry. (One UPC code is required for each game play).

Any attempt by any entrant to exceed the entry limit or game play limit by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void all that entrant's entries or game plays (as applicable) and that entrant will be disqualified. Use of any automated, programmed or like means to enter the Sweepstakes or play the Instant-Win Game will result in disqualification. Sponsor and its agencies are not responsible for late, lost, garbled/illegible, misdirected, incomplete or invalid entries or game plays, which will be disqualified. In the event of a dispute as to identity of any entrant, the authorized account holder of the e-mail address used to enter the Sweepstakes and/or play the Instant-Win Game will be deemed the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

2. Selection of Winners.
Instant-Win Game. For each Instant-Win prize, a date and time during the Promotion Period will be pre-selected at random by Berlin Productions, the independent judging agency. At least 4 (four) pre-selected times (corresponding to an Instant-Win prize) will be allocated to each day of the Promotion Period. The first person whose play is received and recorded by Sponsor’s computer at or after a randomly pre-selected date and time will have their game play selected to potentially win the Instant-Win Prize corresponding to that date/time. UNCLAIMED OR FORFEITED INSTANT-WIN PRIZES WILL NOT BE AWARDED.

Sweepstakes. The winner will be selected in a random drawing from among all eligible entries received during the Promotion Period. The drawing will be conducted on or about June 7, 2010, by the independent judging agency. Potential Sweepstakes prize winner will be notified by e-mail or mail, in Sponsor’s sole discretion.

For both the Instant-Win Game and Sweepstakes, selection of winners will take place at the offices of the independent judging agency in White Plains, NY USA.

All entrants selected in the Instant-Win Game or Sweepstakes are potential prize winners and are subject to verification of eligibility and compliance with the terms of these Official Rules, including the requirement of correctly answering a mathematical, skill-testing question within a certain time limit without any assistance of any kind, whether mechanical, electronic or otherwise. For Instant-Win Game, screen shots do NOT constitute proof of winning a prize.

3. Prizes.
Instant-Win Prizes (480). Each Prize is one custom Kozy Shack^®apron. Approximate Retail Value (ARV): $20.00 (CDN) each.

Sweepstakes Prize (1). A $5,000 gift card (or denominations that total $5,000; number of gift cards to determined in Sponsor’s sole discretion) from a recognizable credit card company or commercial bank. Retail Value: $5,000 (CDN). Gift card is subject to terms and conditions of use as stated thereon, which may include expiration date (where legal).

Sweepstakes prize winner, as part of the verification procedure, must execute and return a Declaration and Release within an indicated time period. If Sweepstakes prize winner is a minor in his/her jurisdiction of residence, Declaration and Release must be signed by minor’s parent or legal guardian.

Only one Instant-win Prize and one Sweepstakes Prize per individual/family/household. Winners are solely responsible for all applicable taxes (which may include foreign withholding tax) and other expenses/fees associated with prize receipt and use. No substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated for any reason. Sponsor will report taxes as required by the applicable law of Sponsor’s jurisdiction and winner’s jurisdiction.

In the event that a potential prizewinner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential prize winner is disqualified for any reason (for potential Sweepstakes prize winner, this includes failure to timely sign/return Declaration and Release), potential winner forfeits prize. In all cases of prize forfeiture/disqualification, potential winner/entrant will NOT receive compensation of any kind. In event of forfeiture of Sweepstakes prize, an alternate winner will be selected in a random drawing from all remaining eligible entries received. In event of forfeiture of an Instant-Win prize, such Instant-Win prize will NOT be awarded.

No more than the stated number of prizes will be awarded. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the indicated number of Instant-Win prizes to be available and/or claimed on 1 (one) or more days of the Promotion Period, Sponsor reserves the right to award only the number of Instant-Win prize(s) allocated to such day(s) of the Promotion Period as per these Official Rules (provided that such Instant-Win prize(s) were not previously awarded), by a random drawing from among all legitimate eligible prize claimants.

Odds of winning an Instant-Win Prize is dependent on the number of entrants and the number of plays effected and when during the Promotion Period that an entrant plays; however odds of winning an Instant-Win Prize on a given day of Promotion Period are no worse than 1:21,600. Odds of winning a Sweepstakes prize depend on total number of eligible entries received during Promotion Period.

4. Eligibility. Promotion open to all legal residents of Canada who are at least 18 (eighteen) years of age at the time of entry. Void where prohibited. Employees, officers and directors of Kozy Shack^®Enterprises, Inc. (Sponsor), Berlin Productions, their respective parents, affiliates, subsidiaries, divisions, related companies and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and same household members of each such employee, officer and director are not eligible to enter. All federal, provincial and municipal laws and regulations apply. By participating, entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agrees to abide by these Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects.

An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has fully complied with the official rules and he/she has been notified by Sponsor or its agency to such effect.

5. Residents of Québec. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

6. General Conditions. Sponsor’s computer is the official clock for purposes of participation in the Promotion. If fraud, technical failures or any other factor beyond its control impairs the integrity of the Promotion, Sponsor, with the consent of the Régie des alcools, des courses et des jeux, reserves the right to modify, cancel or suspend this Promotion. In such event, Sponsor may select potential prize winners and make prizes available by some other means deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. And, notice of such action by Sponsor will be posted on www.getrealandwin.com and www.kozyshack.ca. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process/game play process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately damage Sponsor’s or any related promotion web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate). Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. These Official Rules (or any other Sweepstakes materials) may not be published elsewhere without the express written consent of Sponsor, which may be withheld for any reason.

7. Publicity. Except where prohibited, acceptance of prize constitutes winner’s (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian’s) consent to Sponsor’s use of winner’s name, likeness, voice, opinions, hometown and province for promotional/trade/advertising purposes in any media without further payment or consideration.

8. Release. By receipt of any prize, winner (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agrees to release and hold harmless Sponsor, its marketing agencies, their respective parents, affiliates, subsidiaries, divisions, related companies, and each of their respective officers, directors, employees, shareholders, representatives, successors, assigns and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of any prize.

9. Limitations of Liability. Sponsor and its marketing agencies are not responsible for, and entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) hereby releases Sponsor and agencies from any claims arising from: (1) incorrect or inaccurate transcription of entry information, winner verification information, the result of any game play, or lost, stolen, illegible, incomplete, misdirected entries or game plays, or entries received/game plays effected through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of website or any other service; (4) unauthorized human intervention in any part of the entry process, game play process or the Promotion and/or incomplete, inaccurate or incomplete information being displayed on website whether due to unauthorized human intervention, equipment failure/malfunction or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries or game plays; (6) any injury or damage to persons or property, including but not limited to entrant’s computer (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Promotion or from downloading any material from Sponsor’s or related web site(s), regardless of whether the material was prepared by Sponsor, agency, or a third party, and regardless of whether the material is connected to a Sponsor’s or agency’s web site by a hypertext link.

10. Disputes. To the fullest extent permitted by law, entrant (in his/her jurisdiction of residence, his/her parent or legal guardian) agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively in the federal courts in Nassau County, State of New York, USA and entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) consents to the personal and exclusive jurisdiction of said courts and expressly waives any right of change of venue, forum non conveniens or any like right; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) under no circumstances will entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) be permitted to obtain awards for and entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In any such dispute/claim/cause of action, the court shall apply the laws of the State of New York with the sole exception of New York law governing choice of law/conflict of laws.

10. Data Collection/Privacy. Sponsor and its agencies collect personal information from you when you enter the Promotion. Entering the Promotion constitutes your permission to Sponsor to maintain the data in the U.S. This data is collected to maintain a record of those who have entered the Promotion and to contact potential winners. The information collected is subject to the Sponsor’s Privacy Policy at http://www.kozyshack.ca/privacy.html

11. Winner’s List: For first name and last initial, and city/province of Sweepstakes prize winner, send an email with Subject Line: “Kozy Shack^®Get Real and Win Promotion” to WinnersList@berlinproductions.com. Requests must be received by 5:00:00 p.m. ET, June 14, 2010.

For additional support, contact us at support@getrealandwin.com identifying a specific question in your e-mail message. E-mails will be answered as soon as possible in the order in which they are received. Allow approximately 3 business days to receive a response.