Official Rules –“2009 Elephant Odyssey” Sweepstakes

Official Rules

PROGRAM DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. The ICEE® “Elephant Odyssey” Sweepstakes (“Sweepstakes”) begins on July 1, 2009 and ends on November 30, 2009. The sponsor of this sweepstakes is the ICEE® Company (“Sponsor”).

HOW TO ENTER: To enter, visit us online at www.icee.com (“Website”). The Website will contain directions and official entry form to enter the Sweepstakes. The entrant must complete the entry form with all required information for the entry to be eligible. After you submit your entry, you will receive one (1) entry into the Sweepstakes. Limit one (1) entry, per person per day, per household, or e-mail address. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. You may also enter by printing your full name, street address, city, state and zip code along with your phone number, date of birth on the entry form or a 3” x 5” card. Mail the entry in a No. 10 envelope to: ICEE’s “Elephant Odyssey” Sweepstakes –P.O. Box 1341, Guasti, CA 91743. Only one entry permitted per envelope; no mechanically reproduced entries. Entries must be postmarked before November 30, 2009 and received by The ICEE® Company by the end of business on December 8, 2009.

ELIGIBILITY: Open to legal residents of the United States (except residents of Puerto Rico, United States Virgin Islands), who are at least 8 years of age or older, except employees of the ICEE® Company, Zoological Society of San Diego, their parent companies, affiliates, distributors, advertising agencies, licensees and their immediate families. Void where prohibited by law.

PRIZES:
One (1) Grand Prize Package
An Elephant Odyssey Tour for four (4) at the San Diego Zoo located at at 2920 Zoo Drive, San Diego, CA. During this 2 hour tour you’ll get a special peak behind-the-scenes, have a close encounter with an animal and learn how we take care of the animals in this newest exhibit. You’ll be part of a small intimate group (maximum 7) that will tour the Zoo in a VIP cart with your own guide. This tour provides an exclusive adventure that’s filled with experiences and information that you can’t get anywhere else. Includes Best Value admission on same day. Estimated Retail Value: $420 Also included are: hotel accommodations for two (2) nights for the winner and winner’s guest (one room) in a hotel selected by The ICEE® Company. Certificate expires 12/31/10. Estimated Retail Value of Grand Prize: $740

Fifty (50) First Prizes
One (1) day Best Value admission for a winner and one (1) guest to the San Diego Zoo. Tickets are valid through 12/31/10. Estimated Retail Value of First Prize: $70 (for two tickets)

Total Estimated Retail Value of the promotion: $4240. Only one prize per household. Prizes are non-transferable, non-extendable and non-exchangeable. No cash options will be offered. Grand Prize travel dates and other arrangements are subject to availability, must be booked a minimum of one month in advance and are valid through 12/31/10. Restrictions and blackout dates may apply. Grand Prize Winner is solely responsible for all trip expenses not specifically set forth herein, including but not limited to, ground transportation, meals, gratuities, tips, taxes and incidentals. No alternative prize or other substitution is permitted except as described herein and as elected by Sponsor in its sole discretion in the event of prize unavailability. All prizes will be awarded. All federal, state, and/or local taxes are the sole responsibility of the winner. Winners of prizes valued over $600.00 will be issued IRS 1099 forms for the value of the prize.

The ICEE® Company shall not be responsible for the performances of any prize supplier, or for the safety of any winner, any other recipient or beneficiary of any prize awarded, or their property.

WINNER SELECTION:Winners will be selected in a random drawing, conducted on or about December 15, 2009 from all eligible entries. Odds of winning depend on the total number of eligible entries received. The Grand Prize Winner will be notified by telephone and/or overnight mail within 14 days of drawing, and will have seven (7) days to verify address. Within seven (7) days after verification of address, the Grand Prize Winner will be sent a notification packet containing and affidavit of eligibility, and liability/publicity release. The Grand Prize Winner will have 14 days from mailing of the notification packet to execute before a notary public the affidavit of eligibility and liability/publicity release, or any prize award will be void and will be awarded to an alternate winner, who will be chosen through a random drawing from the remaining eligible entries. If any winner is a minor, the prize will be awarded in the name of winner’s parent of legal guardian, who is solely responsible for all applicable federal, state and local taxes. Failure of parent or legal guardian to return the executed affidavit and release within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries. Travel Companions must be 8 years of age or older at time of trip departure. Travel Companions must complete an affidavit of eligibility and liability/publicity release prior to the anticipated trip departure date. Travel Companions will have seven (14) days from mailing of the notification packet to execute before a notary public the affidavit of eligibility and liability/publicity and return same to Sponsor. Failure of Travel Companions to return the executed affidavit and release form within the specified time period may result in forfeiture of the prize by the Grand Prize Winner, and selection of an alternate winner from the remaining eligible entries. If a travel companion is a minor, the affidavit must be completed by their parent or legal guardian. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return the completed and executed affidavits and releases as required, the prize may be forfeited. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners or for any late, lost, misdirected, or unsuccessful efforts of winner to return the affidavit of eligibility and liability/publicity release, or if winner is a minor, for late, lost, misdirected, or unsuccessful efforts of winner to provide signed parental or guardian consent.

Potential First Prize Winners will receive their prize via mail by December 31, 2009 at the street address provided on the sweepstakes entry form. In the event that any prize is returned to The ICEE® Company as undeliverable, a new winner for such prize will be selected from all eligible entries remaining at the completion of the sweepstakes.

By accepting or using a prize, winners and the Grand Prize Winner’s travel companions consent to the use of their names, voices and likeness for promotional, advertising and publicity purposes in any and all media worldwide in perpetuity by the Sponsor without further compensation except where prohibited by law.

CONDITIONS:By entering, each participant agrees to be bound by these Official Rules and the decisions of Sponsor that shall be final. Sponsor reserves the right to cancel the Sweepstakes or change any element thereof, with or without notice, at any time, due to printing errors, website errors, transmission errors, or other mistakes in the production of the Sweepstakes. Sponsor also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the website, or who is otherwise in violation of the rules. By participating in the Sweepstakes, each participant agrees to release and hold Sponsor and the Zoological Society of San Diego, the employees, officers, directors, shareholders, agents, representatives of Sponsor, its parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the sweepstakes or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

WINNER NAMES:A list of the winners may be obtained by sending a SASE to: ICEE “Elephant Odyssey” Sweepstakes Winners –P.O. Box 1341, Guasti, CA 91743.