1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE CHANCES OF WINNING.
Open and offered only to legal residents of the 50 United States and District of Columbia, who are 13 years of age and older. Employees and directors of Just Born, Inc. ("Sponsor"), Arrowhead Promotion & Fulfillment, Co., Inc. ("Administrator"), and each of their respective parent entities, subsidiaries and affiliated companies, advertising, promotion, or production agencies (and their respective IRS dependents, immediate family members [children, spouse, parents, siblings and their respective spouses, regardless of where they reside] and individuals residing in their same household, whether or not related) are not eligible to participate. Void where prohibited. By participating, entrants (or their parent/legal guardian, if entrant is deemed a minor in the state of his/her residence) agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Sweepstakes.
2. HOW TO ENTER: Just Born's "PEEPS® Minions Win a Trip to NYC" Sweepstakes (the "Sweepstakes") begins at 9:00:00 a.m. Eastern Time ("ET") on October 15, 2015 and ends at 9:00:00 a.m. ET on December 31, 2015 ("Sweepstakes Period"). To enter, during the Sweepstakes Period, log on to www.marshmallowpeeps.com ("Web site"), follow the instructions to complete all required fields of the on-screen registration form to receive one (1) entry into the Sweepstakes. Limit one (1) entry per person/email address per day. Duplicate entries shall be disqualified. All entries must be received by 9:00:00 a.m. ET on December 31, 2015 to be entered into the random drawing.
3. RANDOM DRAWING: Winners will be chosen from among all eligible entries received throughout the Sweepstakes Period on or about January 8, 2016 by Administrator, an independent judging agency, whose decisions are final and binding in all matters relating to this Sweepstakes. Potential winners will be selected and verified to ensure they have met all promotion guidelines. Potential winners will receive a winner notification by Administrator or Sponsor via email. Potential winner will be required to be in contact with Administrator and/or Sponsor for winner verification after receiving the initial notification within 24 hours. Potential Grand Prize winner will receive an Affidavit of Eligibility, Publicity and Liability Release (where legal) via email or mail within forty-eight (48) hours of response to winner notification. Winner must meet all eligibility requirements and may be required to provide their Social Security number, and may be required to sign an Affidavit of Eligibility, and Publicity and Liability Release, each of which must be completed, signed and returned within twenty-four (24) hours from date of issuance, or the prize will be forfeited and may be awarded to an alternate winner, time permitting. If any prize notification or attempted notification is returned as undeliverable, the prize will be forfeited and will be awarded to an alternate winner. By accepting a Prize, winner (or winner's parent/legal guardian if winner is deemed a minor in the state of his/her residence) acknowledges they are in compliance with these Official Rules. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.
4. PRIZES & APPROXIMATE RETAIL VALUES ("ARV's"): One (1) Grand Prize: A trip ("Trip") for four (4) to New York City, NY. There will be one (1) Grand Prize ("Grand Prize") awarded. Grand Prize winner will receive a four (4) day, three (3) night trip for Grand Prize winner and up to three (3) Guests ("Guests") to New York City, NY. Trip will include round trip coach class air transportation for Grand Prize winner and up to three (3) Guests from a major commercial airport near Grand Prize winner's home (as determined by Prize Provider in their sole discretion) to New York City, NY*; three (3) nights standard hotel accommodation (one room, quadruple occupancy, room and tax only) at Sponsor-specified hotel; non-exclusive ground transportation to and from airport and hotel in New York City, NY*; and a $300.00 Gift Card for spending money. The Approximate Retail Value ("ARV") of Trip is four thousand three hundred and fifty dollars ($4,350.00).If Grand Prize winner elects to partake in any or all portions of his/her Grand Prize with fewer than three (3) Guests or no Guest, the Prize will be awarded to Grand Prize winner and each participating Guest and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Unless child of winner, each travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If Grand Prize winner is a minor in his/her state of residence, at least one (1) travel companion must be winner's parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Trip must be completed within twelve (12) months of the end date of the Sweepstakes or Grand Prize will be forfeited. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date. Travel dates are subject to Prize Provider and Sponsor approval. ARV of Grand Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated ARV and final ARV of Grand Prize will not be awarded. Grand Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, excursions, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of Grand Prize winner. Grand Prize winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Prize Provider. All Grand Prize elements must be redeemed at the same time. Neither Prize Provider or Sponsor will replace any lost, mutilated, or stolen tickets. Grand Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. * For a winner who is a New York resident, air transportation may be substituted with another method of transportation by Prize Provider in its sole discretion. Twenty (20) First Prizes - Each "First Prize" consists of A Minion's Movie Blu-Ray/DVD Combo Set. ARV: $25.00 each. Total ARV of all prizes $4,850.00. Prize winners are responsible for all applicable taxes which may be incurred by winning a prize. Prizes consist of only those items specifically listed as part of the prize. All prizes are non-transferable and non-assignable. No cash redemption or prize substitution allowed by the winners. Sponsor reserves the right to substitute a prize of equal or greater value if any prize is unavailable and/or undeliverable for any reason in the sole and complete discretion of Sponsor.
6. LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes or Web site, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such entrant's eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from the Web site. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Sweepstakes, and select winners for the corresponding drawing from all non-suspect, eligible entries received for such drawing(s) prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant's or other person's system or equipment occasioned by participation in this Sweepstakes. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEB SITE, OR ANY OTHER WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTES: Entrant (or their parent/legal guardian, if entrant is deemed a minor in the state of his/her residence) agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Pennsylvania state or federal court judge with experience in entertainment matters who shall follow Pennsylvania law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Pennsylvania, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Pennsylvania. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Pennsylvania for losses or injuries related to participation in the prize.; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out- of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
8. OFFICIAL RULES/WINNER'S LIST: Official Rules may be obtained by visiting the Web site during the Sweepstakes Period. To obtain the names of the name of the Grand Prize winner, see the Web site after January 30, 2016.
9. SPONSOR: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672
ADMINISTRATOR: Arrowhead Promotion & Fulfillment Co., Inc., Grand Rapids, MN.