SWISHER SWEETS 50^th ANNIVERSARY TRIVIA GAME

OFFICIAL GAME RULES (“Rules”)

1. NO PURCHASE NECESSARY. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This Game ("Game") begins at 12:00:01 AM Eastern Time on January 13^th, 2008 and ends at 11:59:59 PM Eastern Time on December 27th, 2008 (“Promotion Period”). For purposes of the Rules, all time is based on Eastern Standard Time. THE GAME IS DEVISED AS A NON-GAMBLING PROMOTION, is intended solely for entertainment purposes, and is void where prohibited by law. Except as described in paragraph 5 below with respect to the tie-breaking process, the winners will be determined from all eligible entries received and based on their ability to use their skill and knowledge of “trivia” to correctly answer the highest number of questions in this Game. The Game is sponsored by Swisher International, Inc., Jacksonville, Florida (“Sponsor”). The Agents for the Game are Athlon Sports Communications, Inc., and Robustelli Corporate Services, Ltd. (“Game Agents”).

2. ELIGIBILITY.  The Game is open to legal residents of one of the fifty (50) United States or the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (”Eligibility Area") who are 21 years of age or older at the time of entry and have the ability to enter into valid contracts in their personal jurisdiction of residence.  Only individuals may enter.  The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted.  Sponsor and Game Agents and each of their respective affiliates, subsidiaries, franchisees, dealers, advertising and promotional agencies, and each of their respective officers, directors, employees, and Agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households may play, but are ineligible to win or collect prizes in the Game.  By participating, Entrants agree to these Official Rules and to the decisions of Game Agents and the judges, which are final and binding in all respects. Entrants agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

3. HOW TO ENTER.  Beginning January 13, 2008 and continuing through December 27, 2008, log on to www.50sweetyears.com ("Site") and follow the instructions to obtain and complete an official entry form containing five (5) trivia questions ("entry" or "entries"). Entrants should try to answer all five (5) questions correctly within the allotted time. Entries must be submitted electronically no later than 11:59:59 pm Eastern Time on the Round Picking Deadline date indicated in the Weekly Deadline Schedule below. To participate in the Game, on each Entrant’s first visit to the Site he/she will be asked to register for the Game, by providing his/her name, age, date of birth, street address (no post office boxes allowed, only street or rural route address), e-mail address and phone number, and to create a username and password. Entrants will also be asked to consent to receive promotional e-mails and may then be asked to answer survey questions. Answering survey questions or consenting to receive promotional e-mails is optional and is not required in order to be eligible to enter the Game or to win any prizes. Entrants may select the option to have the system remember his/her login information on all subsequent visits. If Entrant does not select the option to have the system remember his/her login information, Entrant will need to re-enter his/her information upon each visit. To complete the Game registration, Entrants must indicate their acceptance of the Official Game Rules by checking the box next to “I have read and agree to the Official Rules” during the registration process and clicking on the "Register Now" button. Following successful registration, Entrants may thereafter click on the Swisher Sweets 50^th Anniversary Trivia Game link and follow the instructions to answer five weekly trivia questions. On subsequent visits to the Site, Entrant will log on to the Site and enter his/her username and password in the field provided. Entrant data will be used to administer the Game and for other Sponsor promotions. All data is proprietary to Sponsor and will not be used for third party solicitations.

Weekly Deadlines Schedule:

Lost, late, illegible, incomplete or misdirected entries are not eligible. Neither Game Agents nor Sponsor is responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, or software, failure of any e-mail or entry to be received for any reason, traffic congestion on the Internet or at any website, or any other technical problems related to website entries or any combination of the foregoing, including any injury or damage to an Entrant's or any other person's computer. Entrants are limited to ONE ENTRY PER WEEKLY ROUND PER PERSON (REGARDLESS OF WHETHER ANY SUCH PERSON HAS MORE THAN ONE E-MAIL ADDRESS) AND ONE ENTRY PER E-MAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME E-MAIL ADDRESS) PER GAME ROUND. All entries must be submitted electronically online in accordance with the instructions on the Site. If an Entrant attempts to submit two or more entries in any one Round, then only the first will be accepted. It is the sole responsibility of the Entrant to notify the Game Agents if his/her e-mail address changes. Lost, late, illegible, falsified, incomprehensible, incomplete or misdirected entries are not eligible. 

4.   HOW TO PLAY. Each week (“Round”), for 50 consecutive weeks (a total of 250 questions), each Entrant will have the opportunity to answer five (5) trivia questions. The trivia questions will fall within five categories (50 questions within each category): Sports, History/Politics, Science/Technology, Entertainment, and General (“Category”). The questions will be presented in a multiple choice format, with one correct and three incorrect answers per question. Correct answers to all five (5) questions must be selected in 50 seconds or less. After 50 seconds, no more answers will be accepted for that Entrant for that Round. The game clock will begin ticking down as soon as the Entrant either clicks on the “stopwatch” icon or clicks on any Category. If only one (1) Entrant answers all five trivia questions correctly during any Round, he/she will win the Weekly prize. If two or more Entrants are tied for a Round, they will automatically be entered into that Round’s random drawing (“Drawing”) to win the Weekly prize. Each Entrant is eligible to participate only once in any weekly Drawing. If no Entrant answers all five trivia questions correctly in any one weekly Round, the Entrants with the highest number of correct answers for that Round will automatically be entered into that week’s Drawing. (For example, if no Entrant answers all five trivia questions correctly in a Round, each Entrant who answers four trivia questions correctly that week will be entered into a weekly Drawing. If no Entrant answers four trivia questions correctly in a Round, each Entrant who answers three trivia questions correctly will be entered into a weekly Drawing, and so forth until a winner’s name is drawn.) The random drawings will be conducted by Game Agents, whose decisions on all matters relating to this promotion are final.   

5. ODDS OF WINNING. The Swisher Sweets 50^th Anniversary Trivia Game is a game of skill. Accordingly, each Entrant’s odds of winning any prize depends upon his/her knowledge of the subject matter of the trivia questions, the amount of time he/she takes to answer them, and the total number of eligible entries received.  In any week in which there are multiple winning Entrants, each Entrant’s odds of winning any prize depends on the total number of winning Entrants entered into the Drawing for that particular week.

6. PRIZES. One (1) weekly prize will be awarded for each Round consisting of $1000.00 cash.  The following prize schedule will be used to award prizes:  

The total approximate retail value (“ARV”) of all prizes is $50,000.00.  In the event the Game is suspended or terminated during an active Round, no prize will be awarded for that Round.

7. PRIZE AWARDING.  All prizes will be awarded according to these Official Rules. Winning Entrants will be initially identified, subject to eligibility, on or about seven (7) business days following each weekly Round’s end date by Game Agents, whose decisions are final and binding. Winning Entrants will be notified by overnight mail and/or email, at Game Agents’ discretion, on or about fourteen (14) business days following each week’s games (“Notification”). Winning Entrants must provide positive identification as specified by the Sponsor and/or the Game Agents to claim a prize. The identification of winning Entrants shall be available by sending written request in a stamped, self-addressed envelope for receipt no later than January 1, 2009 to:  Swisher Sweets 50^th Anniversary Trivia Contest Official Winners’ List, 220 25th Avenue North, Nashville, TN 37203. Residents of VT may omit return postage. All prizes must be redeemed by the winning Entrant no later than thirty (30) days following Game Agents’ confirmation of Notification. Acceptance of a prize constitutes permission for Athlon, Sponsor, and their respective designees to use of winner’s name, likeness, statements, voice, opinions, biographical information and state of residence for promotional purposes in any media without notice, further payment, consideration, credit, or right of approval or review (except void where prohibited by law).  Winners will be required to sign an affidavit of eligibility and liability/publicity release (except void where prohibited by law), which must be received by the Game Agents within fourteen (14) days of the date of Notification or the prize will be forfeited and an alternate winner selected. Return of any prize notification as undeliverable will result in the disqualification and selection of an alternate winner. Dollar amounts are expressed in U.S. currency. Prizes are non-transferable, and no prize substitutions are allowed.  Winners will be responsible for any and all federal, state, and local taxes incurred in winning and accepting any prizes (including any income taxes) and all other expenses incurred in winning and accepting the prize.  By accepting a prize, winners waive the right to assert as a cost of winning said prize any and all costs of redemption or travel to redeem said prize, and any and all liability that might arise from redeeming or seeking said prize.  The ARV of the prizes set forth herein represents Game Agents’s good-faith determination of the retail value thereof. Prizes will be awarded only upon winner validation and verification by Game Agents.  In the event of a dispute as to the identity of a winner, the individual who was, at the time of entry (at Game Agents’s sole discretion) the registered holder of the email account used to enter the Game, will be deemed the eligible Entrant.  It is the sole responsibility of the Entrant to notify the Game Agents during the Promotion Period if his or her email address changes.  No transfer or assignment of any prize is permitted.  No substitution of any prize will be permitted. If the initially selected winner cannot be contacted, is ineligible, fails to claim a prize, or if the prize is returned as undeliverable, the prize will be forfeited and an alternate winner will be selected.  Because of the unique nature and scope of the Game, Game Agents and Sponsor reserve the right, in addition to the other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Game.

8. DISQUALIFICATION.  The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/game subscription, notification, entry or like sites or service that offers Game entry services "on behalf of" Entrant) is strictly prohibited.  Neither Athlon Sports nor any Sponsor is responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic.  Persons found tampering with or abusing any aspect of this Game, as solely determined by Game Agents and/or the Sponsors, will be disqualified.  If disqualified for any of the above abuses, Game Agents reserves the right to terminate such person's eligibility to participate in this Game and future Games held by Game Agents. Entrants further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Game Agents from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. In the event any portion of this Game is compromised by any virus, bugs, non-authorized human intervention or other causes beyond the control of Game Agents which, in the sole opinion of Game Agents or the Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Game, Game Agents reserve the right to suspend or terminate the Game.  In no event will more prizes be awarded than those listed above in Section 6.

9. LIMITATION OF LIABILITY.  By entering, Entrants agree (a) to these Official Rules, and the decisions of Game Agents, the Sponsor and the judges, which shall be binding and final in all respects; (b) to release Sponsor and Game Agents from all liability, loss or damage arising out of participation in the Game and with respect to the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Sponsor by mail, telephone and/or email; and (d) acknowledge that neither Game Agents nor the Sponsor make any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, and disclaim all liability for the provision, quality or nature of any third-party products or services provided to winners. By participating, the winners release Game Agents and Sponsor, their respective officers, directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property that may be sustained in connection with the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or arising out of participation in the Game, or while preparing for, participating in, and/or traveling to any prize-related activity.  IN NO EVENT WILL GAME AGENTS, THE SPONSOR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE GAME OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THIS GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. 

10. COMMUNICATIONS.  Any information Entrants provide to Game Agents and the Sponsor will be used to communicate with the Entrant in relation to the Game. Game Agents and/or the Sponsor also may share this information with third parties who are participating in the Game.  Game Agents will collect and use personal data in accordance with its privacy policy available for review at www.athlonsports.com. Entries become the property of Sponsor and will not be returned.

11. GENERAL INFORMATION. Game Agents and Sponsor reserve the right to modify these Official Rules for the following purposes: clarifying how the game should be played, how the game will be scored, how winners are determined, and what prizes will be awarded.  Any changes to these Official Rules will be made with the intention of not materially affecting the terms and conditions of the Game. In the event of inadvertent computer or operator error or force majeur events affecting the schedule(s) of Rounds or entry deadlines, Game Agents reserve the right to nullify or modify any Round or its identified timing and/or schedule and/or, in their sole discretion, to implement substitute Rounds, schedules, or portions thereof, solely for purposes of determining Winning Entrants on an equal basis and without unfairly disqualifying otherwise eligible Entrants from winning prizes. Neither Athlon Sports nor Sponsor are affiliated with, endorsed by, or licensed by any of the third party films, television or radio programs, literary or musical works, names, likenesses, images, logos, personalities or any third party copyrights, brands, trademarks, servicemarks or other intellectual properties (“Outside Brands”) identified in connection with the trivia questions contained in the Game, unless specifically identified otherwise, and none of the Outside Brands is a sponsor of or associated with the Game in any way. Outside Brands are the exclusive property of their respective owners and are used for factual, descriptive and identification purposes only in connection with the trivia questions. The Site is intended for informational and entertainment use only. All applicable federal, state and local laws and regulations apply. Any and all disputes in connection with the Game will be resolved exclusively in the appropriate courts in Nashville, Tennessee.  Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee.  Each Entrant waives any and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts. Any and all lawsuits or other disputes that arise relating to the Game must be filed within one (1) year from last day of the Promotion Period.  The failure of Game Agents to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision.  If any part of the Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.

Produced By:   Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203.

The Game and all accompanying materials are copyrighted. ©2007 Swisher International Inc.