Snapple - Win Yourself a Favor Official Rules

Snapple® “WIN YOURSELF A FAVOR ” Under The Cap Game
NO PURCHASE NECESSARY
Official Rules

HOW TO PLAY. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. From on or about May 1, 2005 to November 30, 2005 (or while supplies last), Messages in this Instant Win Game can be found under specially marked caps of 16 ounce glass bottles and 32 ounce plastic bottles of Snapple and diet Snapple. Message under caps will state either “You’ve Won A Favor!” (16oz), “Winner!” (32oz) or “Sorry Not A Winner” (16oz / 32oz). If the cap states “You’ve Won A Favor” or “Winner!” it will direct you to www.snapple.com or to call 1-800-306-9273 for instructions on how to verify and claim your prize. If the cap states “Not A Winner,” it is not a winning cap and it is suggested you try again. For a free scratch off instant win game card and a copy of these Official Rules, mail a self-addressed stamped envelope postmarked by November 30, 2005 and received by December 9, 2005 to: Snapple “Win Yourself A Favor” Instant Win Game Card, P.O. Box 49391, Strongsville, OH, 44149-0391 (Vermont residents may omit return postage.) Game cards available while supplies last. Limit of one request per person per day per outer envelope. No mechanical reproductions will be accepted. All entries become the property of Snapple Beverage Corp.

ELIGIBILITY. Game is open to legal residents of the 50 United States and District of Columbia, age 13 or older. If a First Prize, Second Prize or Third Prize winner is a minor in state of residence, prize will be awarded to parent or legal guardian who must fulfill all requirements imposed on winners set forth herein. If parent or legal guardian is unavailable, prize will be forfeited. A minor should have a parent’s or legal guardian’s permission to participate. Employees, directors and officers of Snapple Beverage Corp. (“Sponsor”), its parent, subsidiaries, affiliates and advertising and promotion agencies, including Bochanis Rogan Zoom, LLC., bottlers and distributors of Snapple, manufacturers and suppliers of specially marked caps and entities involved in the execution and administration of the game, and members of the immediate families (spouses and parents, children and siblings and their spouses and in-laws) and persons living in the same households of such individuals, whether or not related, are not eligible. Void where prohibited by law and subject to all applicable federal, State and local laws and regulations.

GAME DATES. Game is scheduled to begin on or about May 1, 2005 and ends November 30, 2005 or upon distribution of all bottles with specially marked caps and free instant win game cards, whichever is earlier.

PRIZES.
“Borrow our Car” (16oz) or “Winner! Car Lease” (32oz)
(5) First Prizes - $12,000 3-Year Car Lease. Five (5) winners will each receive $333.33 each month for 36 consecutive months which may be used towards a 3-Year (36-month) Car Lease for a 2005 automobile (actual car model and standard features to be determined by winner “car lease option”). Any 3-Year Car Lease amount in excess of $12,000 is the sole responsibility of the winner. Each winner is responsible for all federal, state and local taxes, insurance, licensing, registration, title fees, acquisition fees, destination charges, freight delivery and any other costs and expenses not included as specified herein as well as meeting any specific requirement of automobile leasing company. Winner can choose to receive the car lease option or an alternate cash option of $12,000 (to be awarded in the form of a check) as the actual prize. Prize amount is based upon current rebates and/or incentives. Total ARV of all First Prize Packages: $60,000. Odds of winning Car lease are 1 in 36,000,000.

“Stay at our Vacation Place” (16oz) or “Winner! Vacation” (32oz)
(10) Second Prizes - $5,000 Vacation Place for a Week. Ten (10) winners will each receive a 6 night/7 day trip for two (2) to Hawaii, including round trip coach airfare (from major commercial airport in US nearest winner's residence), 6 night, double occupancy standard hotel accommodations, ground transportation to and from airport and $500. spending money for the winner (“vacation package option”) (ARV) $5,000. Actual value may vary based on point of departure and dates of travel. Trip must be taken between May 1, 2005 and April 30, 2006. Expenses and costs not specifically stated in these Official Rules as being awarded, including, without limitations, additional ground transportation, meals and gratuities, are solely the responsibility of winner. Travel and accommodations must be made through Sponsor’s agent on a carrier of Sponsor’s choice and are subject to change. Availability and certain travel restrictions may apply. Winner and guest must travel together on the same itinerary and are responsible for obtaining all travel documents required by airline. Guest must be of legal age of majority in his/her state of residence (and at least 18 years of age) and must execute and return a liability/publicity release prior to ticketing. Winner can choose to receive the vacation package option or alternate cash option prize of $5,000 (to be awarded in the form of a check) as actual prize. Total ARV of all Second Prize Packages: $50,000. Odds of winning Vacation are 1 in 18,000,000.

“Use our Tickets” (16oz) or “Winner! Tickets” (32oz)
(25) Third Prize - $2,400 Tickets for a Year. Twenty-five (25) winners will each receive a $200 check each month for 12 consecutive months good toward the purchase of tickets from an online sports and entertainment ticket website (to be chosen by Sponsor) (“tickets option”). Winner can choose to receive the tickets option or alternate cash option of $2,400 (to be awarded in the form of a check) as actual prize. The winner is responsible for paying any ticket purchase, which exceeds the amount of the gift certificate. Gift certificate may be subject to certain terms and conditions as specified by issuer. Total ARV of all Third Prize Packages: $60,000. Odds of winning Tickets are 1 in 7,200,000.

“Treat Your Lips” (16oz) or “Winner” Lip Balm” (32oz)
(2,500,000) Fourth Prizes - One (1) $4 (retail value) Snapple Lip Balm. Total ARV of Fourth Prize Packages: $10,000,000. Odds of winning Lip Balm are 1 in 64.

“Have a Snapple On Us” (16oz) or “Winner! 16oz Coupon” (32oz)
(2,500,000) Fifth Prizes – One (1) $3 (retail value) Coupon for 2 Free 16oz Snapple beverages. Coupon expires 3/31/06. Total ARV of Fifth Prize Packages: $7,500,000. Odds of winning Snapple coupon are 1 in 64.

“Take our Disc for a Spin” (16oz) or “Winner! Flying Disc” (32oz)
(2,500,000) Sixth Prizes – One (1) $2 (retail value) Snapple Flying Disc. Collapsible flyer can be thrown easily by anyone. It fits into a carry pouch for easy storage and transportation from the beach and back. Total ARV of Sixth Prize Packages: $5,000,000. Odds of winning Flying Disc are 1 in 64.

Total ARV of all prizes: $22,670,000. Total odds of winning are 1 in 21.

PRIZE RESTRICTIONS. Federal, state and local taxes on prizes, if any, and any costs and expenses not specified relating to the acceptance and use of a prize are the sole responsibility of winner. Prizes may not be transferred. No cash prize equivalents or substitutions permitted by winners except as noted or except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.

PRIZE CLAIM. To verify and claim a prize, hand print on a 3” X 5” card your complete name, address, city, state/country, zip or postal code (if applicable), telephone number (including area code), email address (optional) and date of birth and send card in padded envelope with original bottle cap or game card to: Snapple “Win Yourself A Favor” Prize Claim, P.O. Box 49392, Strongsville, OH, 44149-0392. Prize claims must be received by December 31, 2005. Prize claimants should make and retain a photocopy of the bottle cap or game card as proof of mailing does not constitute proof of delivery/receipt; and it is suggested that claims be sent by a traceable and secure method of delivery such as registered mail, return receipt requested. Proof of delivery is not proof of bottle cap or game card validity. Allow 6 to 8 weeks for verification of prize claim. All prize claims are subject to verification of eligibility, winning bottle cap or game card and compliance with the terms of these rules.

PRIZE VERIFICATION AND AWARD. Prize claimants who qualify for top three prizes (car lease, vacation package, tickets for a year) will be required to complete, sign and return within ten (10) days, a Declaration of Eligibility, a Liability Release and, except where prohibited, a Publicity Release. The above-required documents must be signed before a notary public in winner’s place of residence. Failure to timely return the signed documents, noncompliance with the terms of these rules or return of any prize notification as undeliverable for any reason will cause prize to be forfeited. If a winner is not legally qualified to enter into a binding contract under the law of jurisdiction of residence, prize will be forfeited (All other prizes will be mailed via U.S. mail 6-8 weeks following end of Game). Unclaimed prizes will not be awarded.

CONDITIONS OF PARTICIPATION. By participating, participants (or, if minors, their parents or legal guardians) agree (a) to these Official Rules and the decisions of the Sponsor and its agents which decisions shall be final in all matters relating to the Game; (b) to release and indemnify and hold harmless Snapple Beverage Corp., its parent, subsidiaries, affiliates, advertising and promotion agencies, including Bochanis Rogan Zoom, LLC., Crown Cork and Seal, Silgan Closures and agents and all other entities involved in the administration or fulfillment of the game, and their respective directors, officers and employees (collectively, the “Released Parties”) from any and all liability, claims, damages or injury with respect to their participation and the acceptance and use of prize or activity related thereto; (c) that the Released Parties have not made any representation, warranty or guaranty, expressed or implied, in fact or in law, relating to a prize; and (d) if a winner of a first, second or third place prize, to the use by Sponsor and its designees of his/her name, city and state and likeness for advertising, publicity and promotional purposes in any and all media including the internet, throughout the world in perpetuity, without compensation, notification or review, except where prohibited by law; and upon request will provide consent in writing to such use.

GENERAL CONDITIONS. Released Parties are not responsible for lost, late, stolen, incomplete, illegible, mutilated, delayed, undelivered, postage due or misdirected mail, game card requests, prize claims or game material; nor for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Game, including, without limitation, errors which may occur in the administration of the Game, the processing of game card requests or prize claims, the announcement of the prizes or in any Game-related materials. A claimant is not a winner until the submitted bottle cap or game piece is verified and claimant has complied with these Official Rules. Any bottle caps or game pieces submitted that have been forged, altered, defaced, tampered with, duplicated or are irregular in any way may be disqualified. Bottle caps and game pieces are void if they contain any printing, mechanical, seeding, typographical or other errors, or are obtained other than through authorized and legitimate channels. Sponsor is not obligated to award any prizes in excess of the stated number listed herein. In the unlikely event that more prizes for any level are claimed than the stated number, Sponsor reserves the right to award the stated number of prizes in a random drawing from among all eligible and valid prize claims receive for that level. All bottle caps and game pieces submitted become the property of the Sponsor and will not be returned. If in the sole judgment of the Sponsor, the administration, security, fairness or proper play of the Game is compromised or corrupted for any reason, Sponsor reserves the right to terminate the Game.

ARBITRATION/CHOICE OF LAW. (a) Except where prohibited, participants (or, if minors, their parents or legal guardians) agree that (1) any and all claims, disputes and causes of action relating, directly or indirectly, to the Game shall be resolved individually, without resort to any sort of class action, and exclusively by arbitration or alternate dispute resolution as selected by Sponsor, to take place in the County of Westchester, State of New York, (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, but in no event attorney’s fees; and (3) in no event will a participant be entitled to obtain awards for and participants hereby waive all rights to claim punitive, incidental and consequential damages, other than for actual out of pocket costs, and any and all rights to have damages or awards multiplied or otherwise increased. Except where prohibited, all issues and questions regarding the Game and the interpretation, and validity of these Official Rules and the decisions of the Sponsor and its agents in connection with the Game shall be governed by the laws of the State of New York, without regard for conflict of laws doctrine. (b) Should any term of this rule or any other rule be concluded to be void, unenforceable or contrary to applicable law, such term shall, but only to the extent necessary to bring the rule within the requirements of the law, be deemed to be severed from the other terms hereof and the remainder of the Official Rules shall remain in full force and effect.

WINNERS LIST. For names of the first, second and third place winners (available after December 31, 2005), mail a self-addressed stamped envelope to: Snapple “Win Yourself A Favor” Under the Cap Game Winners List, P.O. Box 49393, Strongsville, OH, 44149-0393. Requests must be received by March 31, 2006.

SPONSOR: Snapple Beverage Corp. 900 King Street, Rye Brook, NY 10573-4000.