S’mores Game Night
SWEEPSTAKES OFFICIAL RULES
The following
are the Official Rules for the “S’mores Game Night” Sweepstakes (“Sweepstakes”).
As used in these Official Rules, “you” or “Entrant” means any
person submitting an entry to the Sweepstakes. By entering or
participating in the Sweepstakes, you accept these Official Rules as a binding
agreement between you and the Sponsor named below and agree to abide and be
bound by them. These Official Rules cannot be changed or amended in
any manner, except as permitted in these Official Rules. These Official
Rules apply only to the Sweepstakes and not to any other sweepstakes, contest
or promotions sponsored by the Sponsor. The decisions of the Sponsor are
final and binding in all matters relating to the Sweepstakes.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL
NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
INTERNET ACCESS REQUIRED. STANDARD DATA CHARGES MAY APPLY.
This Sweepstakes is in no way sponsored, endorsed or administered
by, or associated with, Facebook[PO1] [JK2] [SCP3] . Facebook is not affiliated with the Sweepstakes Sponsors
(defined below) in any way.
SPONSOR: Associated
Food Stores, whose address is 1850 W 2100 S, Salt Lake City, UT is the sole “Sponsor”
of the Sweepstakes. No company or person providing a prize, including but
not limited to Mondelēz Global, LLC, is a sponsor,
endorser or administrator of the Sweepstakes. Any content or information
provided by Entrants on Facebook is being provided to the Sponsor and not
Facebook.
SWEEPSTAKES PERIOD: Entrants may
enter the Sweepstakes beginning July 17, 2019 at 3 PM MST and ending on July
26, 2019 at 3PM (the “Sweepstakes Period”), at which time no further entries
may be made (the “Sweepstakes Period”). Any entries received after
the Sweepstakes Period will be disregarded by the Sponsor and are ineligible to
participate in the Sweepstakes.
ELIGIBILITY: The Sweepstakes is open only to legal residents of Utah,
Idaho, Nevada and Colorado who are 18 years of age or older at the time of
entry. Employees, officers and directors of the Sponsor, Mondelēz Global LLC, HMT Associates Inc., their respective
parent companies, affiliates, subsidiaries, authorized agents, sales
representatives, distributors, advertising and promotion agencies, anyone
associated with the development, implementation or execution of this
Sweepstakes, and members of the immediate families (defined as including
spouse, domestic partner, biological, adoptive and step-parents, grandparents,
siblings, children and grandchildren, and each of their respective spouses,
regardless of where they reside) or households (whether related or not) of any
of the above are NOT eligible to participate in this Sweepstakes. The Sweepstakes
is subject to all applicable federal, state, and local laws.
HOW TO ENTER: You must have a Facebook account to enter. If you are not already
a registered Facebook user, you must sign up for a free Facebook account.
During the Sweepstakes Period, visit the Sponsor’s Facebook page at https://www.facebook.com/[INSERT COMPLETE URL]. On the designated Sweepstakes post on the Facebook page, either: (a) post a photo of you and your S’mores in the Comments section, and include the hashtag “#Sweepstakes”
Entries must
be public and NOT a private message, and your Facebook account may not be a
shared or corporate account. Only one
(1) Facebook account may be used to participate; use of multiple accounts will
result in disqualification.
Limit of one
(1) entry per person for the entire Sweepstakes Period; multiple entries from any person
will void all of his/her entries and result in his/her disqualification.
In the event
of a dispute as to the identity of an entrant, entries will be deemed made by
the authorized account holder of the Facebook account used to enter, based on
Facebook’s records. All incomplete or
non-conforming entries, or entries received outside the Sweepstakes Period,
will be disqualified. Sponsor further reserves the right to disqualify
inappropriate/non-relevant Submissions, in its sole discretion.
SUBMISSION
REQUIREMENTS AND CONTENT RESTRICTIONS: All Submissions must be in English and must be the
creation solely of the Entrant. Submissions must include the required
hashtag or they will be disqualified.
Your Submission:
must not infringe upon any party’s intellectual property or other rights; must
be suitable for display and publication in Sponsor’s opinion (i.e., may not be
obscene or indecent, including but not limited to the inclusion of nudity or
profanity); must not contain pornographic material; must not contain defamatory
statements, including but not limited to words or symbols that are widely
considered offensive to individuals of a certain race, ethnicity, religion,
sexual orientation or socioeconomic group; must not include threats to any person,
place, business, group or world peace; must not violate privacy, publicity, or
other rights of any person, firm, brand or entity; must not promote alcohol,
illegal drugs, tobacco, any activities that may be unsafe or dangerous; must
not misrepresent, or contain disparaging remarks about Sponsor, Mondelēz Global, LLC, or any of their respective products or services, or about other
people, products, services, or companies; must not contain any personally
identifiable information such as license plate numbers, email addresses, or
street addresses; must not contain materials embodying the names or other
indicia identifying any person, living or dead, without permission; must not
communicate messages or images inconsistent with the positive images and/or goodwill
to which Sponsor and Mondelēz Global, LLC wish to associate; must not in any way
violate applicable laws and regulations or Facebook standards; must not contain
copyrighted materials owned by others without express, written consent; and
must be suitable for family audiences and for public display and publication,
in the sole determination of Sponsor.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): A total of ten (10) Grand
Prizes will be awarded. Each Grand Prize will consist of the following: One (1)
portable fire pit; (1) corn hole set; (1) portable speaker; (1) S’mores caddy;
(2) mugs; a set of marshmallow roasting sticks; and assorted S’mores product of
Sponsor’s choice. ARVof each Grand Prize package: $550. Total ARV of all
prizes: $5,500.
The prizes
consist only of the items described above. Any related expenses or fees that
are not expressly included in the above prize description shall be the
responsibility of the winners. Prizes may not be substituted,
transferred, or redeemed for cash, in whole or in part, except at the
discretion of Sponsor or as provided herein. Sponsor reserves the right to
substitute a prize (or portion thereof) of equal or greater value if the advertised
prize (or portion thereof) becomes unavailable for any reason.
Payment of all
federal, state, and local income taxes on the prizes will be the responsibility
of the winners.
No more than ten (10) prizes will be awarded. If, due to a production,
technical, human or other error, more than ten (10) prize notifications are
issued for the prizes, the ten (10) intended prizes will be awarded in a random
drawing from among all valid recipients of such prize notifications.
The awarding of the prizes is subject to the restrictions and limitations
in these Official Rules, or included with the prizes or furnished at the time
of prize fulfillment. By accepting a prize, each winner acknowledges that the
Sponsor has neither made, nor is in any manner responsible or liable for, any
warranty, representation or guarantee, express or implied, in fact or in law,
relative to the prize or any portion thereof. Each winner shall bear all risk of loss or
damage to the prize after it has been delivered
RANDOM DRAWING: Winners will be selected on August 1, 2019 in a random
drawing from among all eligible entries received through both entry methods
combined. Odds of winning a Sweepstakes prize depend on the number of eligible
entries received through both entry methods combined. Prizes will be shipped to
winners within approximately 8-10 weeks after the conclusion of the Sweepstakes
and verification of winners’ eligibility and compliance with these Official
Rules.
WINNER NOTIFICATION: Potential winners will be contacted via Facebook direct
message sent to the Facebook account used to enter the Sweepstakes. To
claim a prize, each potential winner must send, and Sponsor must receive, a
response via Facebook within twenty-four (24) hours after being notified[PO4] [JK5] . Failure to respond within
that 24-hour period shall mean that the winner forfeits the prize. Sponsor[PO6] [JK7] [SCP8] is not responsible for changes to potential winners’ Facebook accounts
that make it impossible for Sponsor to contact them. Sponsor will mail the
prizes to the addresses supplied by the winners in their responses to Sponsor’s
notification. All prizes will be awarded provided they are claimed properly in
accordance with these Official Rules.
RIGHTS GRANTED
TO SPONSOR: By entering
each Entrant irrevocably grants Sponsor and its affiliates, subsidiaries, legal
representatives, assigns, agents and licensees, the unconditional and perpetual
right and permission to reproduce, encode, store, copy, transmit, publish,
post, broadcast, display, publicly perform, adapt, exhibit, make derivative
works from and/or otherwise use or reuse (without limitation as to when or to
the number of times used) the Entrant’s Submission, including, but not limited
to, any performances contained therein (in each case, as submitted or as
edited/modified in any way by the Sponsor, in its sole discretion). Entrant
waives intellectual property rights, privacy/publicity rights or other legal or
moral rights that might preclude the Sponsor’s use of the Submission and agrees
not to sue or assert any claim against the Sponsors for the use of the
Submission as outlined herein.
Each Entrant
expressly waives all rights to review or approve any use that Sponsors makes of
his/her entry in accordance with these Official Rules. By submitting an entry,
each Entrant further agrees to waive all rights of attribution if his/her entry
is used by Sponsors or anyone Sponsors authorizes,
By submitting
an entry, each Entrant agrees that his/her entry is gratuitous, unsolicited,
and without restriction, and will not place Sponsor under any obligations other
than those contained in these Official Rules, and that Sponsor is free to
disclose the ideas contained in an entry on a non-confidential basis to anyone
or otherwise use the ideas therein without any compensation to the Entrant.
Each Entrant further acknowledges that Sponsors do not waive any rights to use
similar or related ideas previously known to Sponsors, or developed by their
respective employees, or obtained from sources other than the entrant.
By submitting
an entry, each Entrant understands and acknowledges that he/she will not now or in the
future be paid or compensated in any way for his/her entry or for granting
Sponsors any of the rights set forth in these Official Rules.
GENERAL
CONDITIONS: By
participating, each Entrant agrees: (a) to abide by these Official Rules and
decisions of the Sponsor; (b) to release, discharge and hold harmless the
Sponsor, Mondelēz Global LLC, HMT Associates Inc., Facebook, and each of their respective parent
companies, subsidiaries, affiliates and agents, including without limitation,
their advertising and promotion agencies, and the officers, directors,
shareholders and employees of each of the foregoing (collectively, the
“Released Parties”), from and against any and all liability for losses, damages
or causes of action (however named or described), with respect to injuries
or damages of any kind to persons, including death, or property, resulting, in
whole or in part, directly or indirectly, from Entrant’s participation in the
Sweepstakes or the acceptance, possession, use or misuse of any awarded prize
(or portion thereof); and (c) to
the use of his/her name, address (city and state), Submission, voice,
performance, photograph, image and/or other likeness for programming,
advertising, publicity, trade and promotional purposes in commerce and in any and
all media, now or hereafter known, worldwide, including but not limited to the
Internet and social media, and in perpetuity by the Sponsor and its designees,
without limitation, and without compensation or additional approval or
inspection, and agrees to execute specific written consent to such use if asked
to do so.
Released
Parties are not responsible for any technical problems, malfunctions of any
telephone lines, computer systems, servers, providers, hardware/software, lost
or unavailable network connections or failed, incomplete, garbled or delayed
computer transmissions or any combination thereof. The Released Parties
are not responsible for late, lost, damaged, misdirected, incomplete,
undeliverable, destroyed, garbled,
illegible, inaccurate, delayed or stolen entries; or for lost,
interrupted or unavailable network, server, Internet Service Provider (ISP),
website, Facebook platform, or other connections; or for failed or faulty computer,
satellite, telephone or cable transmissions, line;, or for technical failure or
for jumbled, scrambled, delayed, or misdirected transmissions; or for computer
hardware or software malfunctions, failures or difficulties; or for other
errors or difficulties of any kind whether typographical, human mechanical, electronic,
computer, network, printing or otherwise relating to or in connection with the Sweepstakes,
including without limitation errors or difficulties which may occur in
connection with the administration of the Sweepstakes, the processing of
entries, the announcement of the prize winners or with any Sweepstakes-related
materials. The Released Parties are also not responsible for any
incorrect or inaccurate information, whether caused by Entrants, tampering,
hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.
The Released Parties are not responsible for injury or damage to Entrants’
or to any other person’s computer related to or resulting from participating in
this Sweepstakes or downloading materials from Sponsor’s website or Facebook
page. The Sponsor may disqualify anyone from participating in the Sweepstakes
or winning a prize (and void all associated entries) if, in its sole
discretion, it determines that such person is attempting to undermine the
legitimate operation of the Sweepstakes by cheating, deception or other unfair
playing practices, or intending to annoy, abuse, threaten or harass any other Entrant,
any company, or the Sponsor’s representatives.
ANY ATTEMPT TO
DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES
MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE
MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK ANY AND ALL
REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW,
INCLUDING CRIMINAL PROSECUTION.
The Sponsor
reserves the right in its sole discretion to cancel, modify or suspend any
portion of the Sweepstakes should any cause corrupt the administration,
security or proper play of the Sweepstakes and, in the event of termination
prior to the stated end date of the Sweepstakes period, to determine the
potential winners in a random drawing from among all eligible non-suspect
entries received as of the time/date of termination.
DISPUTE
RESOLUTION: Except where
prohibited by law, as a condition of participating in the Sweepstakes, Entrants
agree that (a) any and all disputes 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
final and binding arbitration under the rules of the Utah Uniform Arbitration
Act (“UUAA”); (b) all arbitration proceedings shall be conducted in Salt
Lake City, Utah; (c) the UUAA shall govern the interpretation,
enforcement and all proceedings at such arbitration; and (d) judgment upon such
arbitration award may be entered in any court having jurisdiction. Under
no circumstances will Entrants be
permitted to obtain awards for, and Entrants
hereby waive all rights to claim, punitive, incidental or consequential
damages, or any other damages, whether foreseeable or not and whether based on
negligence or otherwise, including attorneys’ fees, other than Entrants’ actual out-of-pocket expenses (i.e.,
costs associated with participating in the Sweepstakes), and Entrants further waive all rights to have
damages multiplied or increased. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO
YOU.
In the event there is a discrepancy or
inconsistency between disclosures or other statements contained in any Sweepstakes -related materials or made by Sponsor or Sponsor’s representatives, and
the terms and conditions of these Official Rules, these Official Rules shall
prevail, govern and control.
CHOICE OF LAW: All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of Entrants and the Sponsor
in connection with the Sweepstakes, shall be governed by, and construed in
accordance with, the substantive laws of the State of Utah[PO9] [JK10] [SCP11] without giving effect to any
choice of law or conflict of law rules.
SEVERABILITY: The invalidity or unenforceability of any
provision of these Official Rules shall not affect the validity or
enforceability of any other provision. In the event that any provision is
determined to be invalid or otherwise unenforceable or illegal, these Official
Rules shall otherwise remain in effect and shall be construed in accordance
with their terms as if the invalid or illegal provision were not contained
herein.
ENTRANTS’ PRIVACY: Any personally identifiable information collected in connection with an Entrant’s
participation in this Sweepstakes will be used by Sponsor, its affiliates,
agents and marketers only for purposes of the proper administration and
fulfillment of the Sweepstakes, as described in these Official Rules, and in
any manner consistent with Sponsor’s Privacy Policy, available at[INSERT URL].
WINNERS LIST: For the names of the prize winners, available
after all winners are verified, send a self-addressed, stamped envelope to:
[INSERT ADDRESS]. Requests must be received by September 1, 2019.
Any questions, comments or complaints regarding this Sweepstakes must be
directed to the Sponsor only, and NOT to Facebook.
All trademarks used herein are the property of their respective owners.
ABBREVIATED RULES:
Social/Digital:
NO PURCHASE NECESSARY. Open to legal residents of UT, ID, CO and NV,
18 years of age and older. Void elsewhere and where prohibited. For Official Rules visit http://maceys.com/termsconditions[PO12] . Sweepstakes[SCP13] ends 7/26/19. Sponsored solely by Associated Food Stores. Mondelēz Global, LLC, The Hershey Company and Kraft Foods are
not a sponsor.
