A Delicious New Year’s Sweepstakes

OFFICIAL RULES

THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND IS GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND/OR NOT LOCATED WITHIN THE UNITED STATES AT THE TIME OF ENTRY.

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

1. Eligibility:   The “A Delicious New Year’s Sweepstakes” (the “Sweepstakes” ) is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry.  Employees of AOL Inc. ( “Sponsor” ), Kraft, Inc., the administrator of the Sweepstakes, Flipcide, Inc. ( “Administrator” ), prize suppliers and promotional agencies associated with the Sweepstakes, and the foregoing entities’ affiliates (collectively with Sponsor and Administrator, the “ Sweepstakes Entities ”), and the immediate family (spouse, parent, child, sibling and their respective spouses) and household members of such employees are not eligible. Void in Puerto Rico and where prohibited by law.  All federal, state and local laws and regulations apply.

2. Entry Period:   The Sweepstakes starts at 09:00 a.m. Eastern Time ( “ET” ) on December 31, 2010 and ends at 11:59:59 p.m. ET on January 31, 2011 (the “Entry Period” ).  Entries submitted before or after the Entry Period will be void.  

3. To Enter:  Log on to Sponsor’s website located at http://living.aol.com/delicious-days during the Entry Period and complete the official entry form (including name, mailing address, telephone number, date of birth and email address), and click “Submit” to submit one (1) entry to the Sweepstakes.   Limit one (1) entry per person per day .  A day is defined as a 24-hour period, beginning at 12:00 a.m. ET and ending at 11:59 p.m. ET, except for the first day, which begins at 9:00 am. ET.  None of the Sweepstakes Entities shall be responsible for, or will honor, lost, late, misdirected, incomplete, illegible or misrouted entries.  All entries become the property of Sponsor and will not be acknowledged or returned.  Please also see the “Privacy” section in paragraph 9 of these Official Rules.  By entering, entrants agree to these Official Rules, which are final and binding in all respects.  

4. Random Drawing/Winner Selection:  On or about February 14, 2011, a random drawing will be conducted by Administrator from among all eligible entries received to select one (1) winner.  Administrator’s (and Sponsor’s) decisions are final and binding on all matters related to the Sweepstakes.

5. Prize/Odds:   One (1) Prize:  The winner will receive $2,500 in gift card(s) from a major credit card company.  Approximate Retail Value ( “ARV” ) of the prize:  $2,500.  Gift card(s) are subject to the terms and conditions set by the company issuing the card(s).  The winner will be notified by mail and/or phone on or about February 14, 2011.  If the winner cannot be contacted, is ineligible or fails to claim the prize, or if the prize notification is returned as undeliverable, the prize may be forfeited, and an alternate winner may be selected in the sole discretion of Sponsor.  All taxes on prize are the responsibility of the winner.  The winner must provide Administrator with valid identification and social security number, if requested.  The winner may be issued an IRS 1099 form for prize value over $600, and a copy of such form will be filed with the Internal Revenue Service (IRS).  Prize may not be transferred.  No cash or other substitution may be made.  If the prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize with another prize of equal or greater value.  The prize is provided “as-is” and without warranty, express or implied, of any kind.   Odds of winning depend on the number of eligible entries received.
6. General Conditions:  Acceptance of a prize constitutes permission for Sponsor to use the winner’s name and likenesses for publicity, promotional, editorial or advertising purposes in connection with the Sweepstakes in any and all media now known or hereinafter created without territorial restriction and without further permission, notice or compensation (except where prohibited by law).  As a condition to receiving a prize, the winner will be required to sign and return an Affidavit of Eligibility, a Liability Release and (where legally permissible) a Publicity Release within 14 days of notification.  Failure to complete and return these documents may result in disqualification and the selection of another winner in the sole discretion of Sponsor.  If a prize is won by an eligible entrant who is a minor in his/her state of residence, the prize will be awarded to the minor’s parent or legal guardian who must sign and return all required documents.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, each Sweepstakes Entity reserves the right to seek damages from any such person to the fullest extent permitted by law.  The failure by any of the Sweepstakes Entities to enforce any term of these Official Rules shall not constitute a waiver of that provision.  In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the “authorized account holder” in whose name the email account is registered, provided that person meets all eligibility criteria set forth in the “Eligibility” section in paragraph 1 of these Official Rules.  “Authorized account holder” means the natural person assigned to an email address by an Internet Access provider, on-line service provider or other organization ( e.g. , business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  
7. Indemnification:  By participating in the Sweepstakes, entrants agree to release, defend and hold harmless each of the Sweepstakes Entities and their respective officers, directors, managers, members, employees, contractors, agents, successors and assigns (collectively, the “Released Parties” ), from and against any and all claims or causes of action arising out of participation in the Sweepstakes or receipt, use or misuse of any prize, including, but not limited to:  (i) unauthorized human intervention in the Sweepstakes; (ii) technical errors related to computers, servers, providers or telephone or network lines; (iii) printing or typographical errors; (iv) lost, late, postage-due, misdirected or undeliverable mail; (v) errors in the administration of the Sweepstakes, the processing of entries or announcement of the prize; (vi) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt, use or misuse of any prize, including any prize-related travel; or (vii) claims based on publicity rights, defamation, or invasion of privacy.
8. Internet:  None of the Released Parties is responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries.  The Released Parties are not responsible for computer system, technical, network, telephone equipment, phone line, hardware, software or program malfunctions, or electronic transmission errors resulting in omission, interruption, miscommunication, deletion, defect, theft or destruction, or unauthorized access to or alterations of entry materials, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature.  Automated entries are prohibited, and any use of automated devices will cause disqualification.  Entrants may not participate in the Sweepstakes with multiple email addresses nor may entrants use any other device or artifice to participate multiple times or as multiple entrants.  Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to submit multiple entries will be disqualified and will forfeit any prize awarded (or any part thereof), in Sponsor’s sole discretion.

If the operation, security or administration of the Sweepstakes is impaired in any way for any reason, or if for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized human or mechanical intervention, fraud, technical failures, violation of the letter or spirit of these Official Rules, violation (or potential violation) of any laws, rules or regulations applicable to sweepstakes of this kind (whether state or federal), or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to:  (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; (b) award the prize from among the eligible entries received up to the time of the impairment; and/or (c) disqualify any individual who tampers with any aspect of the Sweepstakes.

9. Privacy :  Except as noted in these Official Rules, information collected from entrants is used only for the purpose of notifying the winner, unless an entrant has elected to receive additional information or promotional material from the applicable Sweepstakes Entity, pursuant to a proper opt-in mechanism that complies with applicable law.  Once the Sweepstakes has ended, all information supplied by entrants will be removed from Administrator’s database(s).  By entering the Sweepstakes, each entrant agrees to all of the terms and conditions of Sponsor’s Privacy Policy.  In the event of any discrepancy between Sponsor’s Privacy Policy (available at http://about.aol.com/aolnetwork/aol_pp ) and these Official Rules, these Official Rules shall control and govern.  By entering the Sweepstakes, each entrant agrees to all of the terms and conditions of Sponsor’s Privacy Policy.  
10. Disputes:  Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state and federal courts located in the Commonwealth of Virginia, and entrants hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.  ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED.  In addition, (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering and participating in the Sweepstakes but in no event shall they include attorneys’ fees or any litigation costs; and (b) under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, exemplary, special, incidental, direct, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (other than attorneys’ fees and litigation costs) as set forth in the preceding clause (a), and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of any Sweepstakes Entity in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
11. Severability:  If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.
12. Winner List:  For the name of the winner, send a self-addressed stamped envelope to Flipcide, Inc., 3751 Robertson Blvd., Culver City, CA 90232, after February 28, 2011, by March 31, 2011.
13. Sponsor :  AOL Inc., 770 Broadway, New York, NY 10003.  

15. Administrator:  Flipcide, Inc., 3751 Robertson Blvd., Culver City, CA 90232.