“SURPRISE AND DELIGHT”
GENERAL SWEEPSTAKES OFFICIAL RULES
- NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE CHANCES OF WINNING. Open and offered only to legal residents of the fifty (50) United States and District of Columbia, who are thirteen (13) years of age and older. Employees and directors of Just Born, Inc. (“Sponsor”), any third party 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.
- HOW TO ENTER: Any one of Just Born’s brands (MIKE AND IKE®, HOT TAMALES® or PEEPS®) can conduct a “Surprise & Delight” General Sweepstakes. This Sweepstakes can begin and end on a specified date or can be totally random based on a post or tweet. To enter an online Surprise & Delight Sweepstakes, entrants can either perform a task (i.e. posting a photo, commenting on a post, including a hashtag, etc.) or be selected randomly. The Sweepstakes programs can take place on Facebook, Instagram or Twitter. If there is a requested task, and the task is completed, entrants are eligible to be selected randomly as a winner. Submission must NOT include any 3rd party logos, insignia, trademarks, signage or slogans (including, but not limited to brand names, product names, logos, media, entertainment properties, insignia, location signage, photographs, artwork) without the express prior written consent of the owner of such right, EXCEPT for Sponsor trademarks, so as to not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party. Entrants (or their parent/legal guardian if entrant is deemed a minor in the state of his/her residence) certify that if there are other individuals other than themselves shown in the photo, that such other people have been informed that the photo and their image have been entered in the sweepstakes, have provided permission to use said image (or their parent/legal guardian has provided such permission, if applicable) and have no objection to the submission and Sponsor’s display and posting of such photo on its digital channels, including but not limited to, its brand social channels and website, for the purposes of the Sweepstakes. Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of the Sponsor obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable. Submission must NOT contain any derogatory references to the Sponsor or other sweepstakes entity. Sponsor reserves the right to disqualify or withdraw any entry that is alleged to infringe on any third-party’s intellectual property, publicity or privacy rights, or that sponsor deems obscene, offensive or otherwise inappropriate for viewing by a general audience. Entrants acknowledge and agree that Sponsor shall have the right to edit, adapt, modify, reproduce, publish, promote, broadcast, or otherwise display or use photo in any way it sees fit without limitation, permission, notification or compensation to Entrants, including but not limited to, the brand’s social channels and brand website.PLEASE NOTE: If entering, entrants must adjust their account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their account settings to ‘Public’, and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant’s burden to take any steps necessary to adjust their account settings so that messages can be sent by Sponsor. An Entrant’s non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust account settings, shall be entrant’s, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant’s entry for any reason, including the failure on behalf of entrant to adjust their Instagram account settings accordingly. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s or email accounts provided upon registrations to administer and fulfill this Sweepstakes.This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook, Instagram or Twitter. By entering, you are providing the information to Sponsor, and not to Facebook, Instagram or Twitter. WHEN YOU UPLOAD YOUR PHOTO YOU AUTHORIZE US TO USE YOUR PHOTO WITHOUT COMPENSATION.
- HOW A WINNER IS DETERMINED:
Potential winners will be randomly chosen from among all eligible Entries
received (pursuant to Official Rule (1) above) throughout the Sweepstakes Period by Sponsor, 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 Sponsor via Direct Message, and Potential winner will be required to be in contact with Sponsor for winner verification after receiving the initial notification within 24 hours, or forfeit his/her prize. Upon verification, each verified winner will receive his/her prize via mail or email. Allow 6 to 8 weeks for delivery. If any prize notification or attempted notification is returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner. By accepting a prize, each 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.
- PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): The number of winners, the specific prizes to be awarded, and the values of prizes will typically be stated on the Page. Odds of winning will typically be dependent upon the number of eligible entries received. The winner is responsible for all income taxes due as a result of his or her accepting a prize. No transfer, assignment, substitution, or cash equivalent for a prize is permitted, except at Sponsor’s sole discretion due to prize unavailability or for any other reason, and then only for a prize of approximately equal or greater value. Any depiction of prize is for illustrative purpose only. The winners are solely responsible for any applicable local, state or federal taxes, and any other taxes, fees and costs connected with the prizes, and all federal, state and local laws and regulations apply. Prizes consist of only those items specifically listed as part of the prize as detailed above. All prizes are non-transferable and non-assignable. No cash redemption or prize substitution allowed by the winners.
- LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected or stolen entries or mail; 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 or wireless device related to or resulting from participating or attempting to participate 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 potential 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 (including but not limited to Page) or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation or attempted 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 PAGE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PAGE, OR ANY OTHER WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PAGE 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.
- DISPUTES: Entrant (or his/her 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 prize 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.
- OFFICIAL RULES/ WINNER’S LIST: These Official Rules may be obtained by visiting the Page during the Sweepstakes Period. To obtain the name and city and state of the winners of prizes exceeding $25.00, see the Page after the Sweepstakes Period.
- SPONSOR: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672