My S’mores, My Way Sweepstakes Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID OUTSIDE MN, IL AND WI, AND WHERE PROHIBITED.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Facebook is not affiliated with the Sponsor in any way. Entrants’ personal information is submitted to the Sponsor and not to Facebook.
The My S’mores, My Way Sweepstakes (the "Sweepstakes") is open to legal residents of Minnesota, Illinois and Wisconsin who are at least eighteen (18) years old at the time of entry. Employees, officers and directors of Sponsor, its affiliates and subsidiaries, and other companies associated with the design, execution or fulfillment of the Sweepstakes, and each of their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family members (defined as including spouse, biological, adoptive and step- parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or persons living in the same household (whether related or not) of any of the above are not eligible to participate in Sweepstakes.
The Sweepstakes is sponsored solely by:
Cub Stores Holdings LLC (“Sponsor”) located at 421 South Third Street, Stillwater, MN 55082. Mondelēz Global LLC, The Kraft Heinz Company and The Hershey Company are not sponsors of this Sweepstakes.
3. Agreement to Official Rules
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Sweepstakes Period
The Sweepstakes begins on May 3, 2020 at 9:00 a.m. CT and ends on July 11, 2020 at 11:59 p.m. CT (the "Sweepstakes Period"). Entries that are submitted before or after the Sweepstakes Period will be disqualified. Submissions will be accepted for the duration of the Sweepstakes. Sponsor’s clock is the official timekeeping device for the Sweepstakes.
5. How to Enter. There are two (2) methods of entry, as follows:
(A) Facebook Entry: To enter on Facebook, visit the Cub Foods Facebook page and post a comment with your favorite, original S’mores idea created by you in the comments section of the Sweepstakes post related to this Sweepstakes. Either a photo or text comment will be accepted. Your photo/comment must comply with the Content Guidelines in Rule 6, below.
By submitting a photo or comment, entrant grants Sponsor, its subsidiaries and affiliates, and its agents and third-party service providers an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, modify, publish, and otherwise make use of the submitted photo/comment or other related information for any purpose in any and all media, worldwide, whether now known or hereafter created, without limitation or compensation and without further notice. Each entrant agrees that the results and proceeds of any such use shall become the property of Sponsor and/or its respective licensees, and shall be freely assignable by Sponsor and that Sponsor and its respective assignees and licensees shall have no obligations whatsoever to entrant.
Photos/comments will not be judged.
(B) Alternate Means of Entry: You may also enter by mailing a postcard to UNFI Customer Care, c/o Alorica- Emily Jaquins, 9317 E Sinto Ave, Spokane Valley, WA 99206. Include your first and last name, street address, city, state, zip code, telephone number, age, valid email address, and “My S’mores, My Way Sweepstakes”. All mail-in entries must be postmarked within the Sweepstakes Period and received within seven (7) business days thereafter. Limit one (1) mail-in entry per person/email address. Sponsor is not responsible for lost, late, damaged, misdirected, incomplete, illegible, or postage due mail or entries.
Entry Limit: Limit one (1) entry per person/ email address/household/Facebook account for the duration of the Sweepstakes Period, regardless of method of entry. Entries received from any person, email address, Facebook account, or household in excess of the stated limitation will be void. Any attempt by any entrant to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. No method of entry other than those set forth is allowed. All entries become the property of Sponsor and will not be acknowledged or returned.
6. Content Guidelines for Facebook Entries
Photos/comments cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, marijuana, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except Sponsor’s) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s) of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission (for example, music); and (f) contain materials embodying the names, likenesses, photos or other indicia identifying any person, living or dead, without permission.
By entering a photo/comment you warrant and represent that: (a) it has not been previously published; (b) it has not received previous awards; (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) publication of the photo/comment via various media including Web posting and posting in social media, will not infringe on the rights of any third party; and (e) entrant has the right to grant any and all rights and licenses granted to Sponsor herein, including but not limited to all necessary rights under copyright laws.
Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any photo/comment that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Sweepstakes for any reason will be void and disqualified.
7. Prize Drawing
On or about July 19, 2020, the Sponsor will select five (5) potential winners of the prizes described in Rule 9, below, in a random drawing from among all eligible entries received through both entry methods combined. The odds of being selected depend on the number of entries received through both entry methods combined.
8. Winner Notification
The potential winners will be notified by Facebook message or email, depending on the method by which they entered. Each potential Prize winner will be required to complete, electronically sign and submit a Declaration of Compliance and Release Agreement within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance and Release Agreement within the required time period, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and will forfeit the prize. If the potential winner is at least 18 years of age but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance and Release Agreement on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. If necessary, only three (3) alternate drawings will be held, after which the prize will remain un-awarded if it has not been claimed. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes and verification of winners’ eligibility.
A total of five (5) prize packages will be awarded, each containing: One (1) Fire Pit, four (4) chairs, one (1) 4-pack Skewers in branded bag, one (1) cooler and one (1) box of HONEY MAID Graham Crackers (14.4 oz), one (1) 6-pack HERSHEY’S Milk Chocolate Candy Bars (9.3 oz), and one (1) bag of Kraft Jet Puffed Marshmallows (10 oz).
The approximate retail value (“ARV”) of each prize is $599.00. Total ARV all prizes is $2,995.00.
Each winner is responsible for all federal, state, local and income taxes on prize.
10. General Conditions
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prizes in a random drawing from among the eligible, non-suspect entries received through both methods of entry combined up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Release and Limitations of Liability
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, Facebook, Inc., The Kraft Heinz Company, Mondelez Global LLC, and The Hershey Company, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the "Released Parties”), from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of a prize (if applicable) including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winners, , or in any Sweepstakes-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt or misuse of a prize (if applicable). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by entrants, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant hereby grants Sponsor the right to use entrants email address for future emails and/or promotions.
Except where prohibited, each entrant agrees that any and all disputes, claims 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 the appropriate court located in the State of Minnesota. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Minnesota, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Minnesota. 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. 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
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 as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.
14. Winners List: For the names of the winners, send a self-addressed stamped envelope by August 19, 2020 to: UNFI Customer Care, c/o Alorica- Emily Jaquins, 9317 E Sinto Ave, Spokane Valley, WA 99206. Include “My S’mores, My Way Sweepstakes” with your request. Sponsor will not respond to incomplete inquiries.
All trademarks used herein are the property of their respective owners.