GIMME
SOME SUGAR BOBBLEHEAD GIVEAWAY
OFFICIAL
RULES
NO
PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
1.
ELIGIBILITY: Gimme Some Sugar Bobblehead Giveaway (referred to
as the ÒPromotionÓ) is open to all legal residents of the fifty (50) United
States and the District of Columbia who are at least 13 years of age as of the date of entry. Employees, officers, directors and
agents of Post Foods, LLC (ÒSponsorÓ), Young America, Hunter Public Relations, LLC (ÒPromotion
PartiesÓ), and their respective parent companies, affiliates, subsidiaries,
sales representatives, wholesalers, distributors, printers, and advertising and
promotion agencies and members of the immediate families (parent, child,
sibling and their respective spouses, regardless of where they reside) and
households of each, whether related or not related, are not eligible to
participate.
2.
HOW TO ENTER:
Promotion starts on October 8, 2014, 2014 at 12:00:00 P.M., Eastern Daily Time (ÒEDTÓ) and ends on October 28, 2014 at 11:59:59 P.M., EDT (ÒPromotion PeriodÓ). During the Promotion Period, you
may enter by logging onto https://www.facebook.com/postsugarbear. For desktop users,
Entrants must like the page to enter the sweeps. Once users have logged onto
the Post Sugar Bear Facebook page, users may click on the Promotion app. Users
must follow the onscreen instructions and submit the form to enter Promotion. Limit of one entry per day per email
address/Facebook user ID/person. Any other methods of entry will be
voided. Entries that are
mechanically reproduced, generated by a script, macro, or create various
account to circumvent entry restrictions by automated means and/or otherwise
not in compliance with these rules will be disqualified. Participation
constitutes entrantÕs full and unconditional agreement to these Official Rules and
Promotion PartiesÕ decisions, which are final and binding in all matters
related to the Promotion. Void where prohibited.
3.
PRIZE: 200 randomly selected entrants will be selected on or about November 4,
2014. Winners will receive One (1) Sugar Bear Bobblehead (ARV $ 20.00). Total ARV of all prizes is $4,000.00. Sponsor will
not be liable for more than the stated number of prizes. Prizes are As Is,
without any warranty of any kind. No substitutions, cash redemption, or
transfers of prizes permitted by winners. Sponsor reserves the right to
substitute a prize. Odds of winning depend on the number of entrants
received.
4.
Winners
Notification: If any
winner is a minor, Sponsor reserves the right to award the prize in the name of
his/her parent or legal guardian who will be responsible for fulfilling all
requirements imposed on winners set forth herein. Prize winners will be
notified by email on or about November 5, 2014 or as soon as theyÕre verified. Sponsor will make up to one (1) attempt
over the forty-eight (48) hour period following the Prize WinnersÕ selection to
contact the potential Prize Winners. In the event that a potential Prize Winner
does not respond within forty-eight (48) hours of being contacted the potential
Prize Winner will be disqualified and an alternate Prize Winner will be
selected from among the remaining applicable Eligible Entries received. Prizes
will be shipped within three (3) to six (6) weeks of winner verification. Sponsor is not responsible for any
change in entrantÕs mailing address.
If prize is returned as non-deliverable without a forwarding address or
if a potential winner is found to be ineligible or otherwise not in compliance
with these Official Rules, prize may be forfeited and awarded to an alternate
winner. All federal, state and
local taxes, if any, on prizes and any other costs and expenses associated with
prize acceptance and use not specified herein as being provided are solely
winner's responsibility. Any
personal information provided is subject to the Privacy Policy stated on http://postfoods.com/privacy-policy. If you are selected as a winner, your
information may also be included in a publicly-available winnerÕs list.
5.
LIMITATIONS OF LIABILITY: Promotion Parties are not responsible for error, omission,
interruption, deletion, defect, delay in operations or transmission, theft or
destruction or unauthorized access to or alterations of entry materials, or
technical, network, telephone equipment, electronic, computer, hardware, or
software malfunctions of any kind, or inaccurate transmission of or failure to
receive entry, winner(s) or other giveaway information by Sponsor or entrants
for any reason whatsoever. Promotion
Parties are also not responsible for any injury or damage to any entrantÕs
or any other personÕs computer related to or resulting from playing or
downloading any materials in the giveaway or for entries that are late,
misdirected or incomplete. All
entry materials received will become property of Sponsor and may be maintained
as part of SponsorÕs giveaway records. Sponsor reserves the right to cancel or modify the
giveaway if it becomes technically or otherwise corrupted. Additionally, Promotion
Parties bear no liability for acts of force majeure or other acts which
interfere in the intended proper administration, operation and fulfillment of
this Promotion. Sponsor reserves the right to disqualify any individual found,
in its sole opinion, to be tampering or attempting to tamper with the operation
of the Promotion; to be acting in violation of these Official Rules; to be
acting with the intent to disrupt the normal operation of this Promotion; or to
be otherwise acting in an unsportsmanlike manner.
6.
GOVERNING LAW:
By participating in sponsorÕs sweepstakes, each entrant and
prize winner (and his/her parent/legal guardian, if an eligible minor) agrees
that to the extent permitted by applicable law: (1) any and all disputes,
claims and causes of action arising out of or connected with the sweepstakes,
or any prize awarded, will be resolved individually without resort to any form
of class action; (2) any and all claims, judgments and awards will be limited
to actual third-party, out-of-pocket costs incurred (if any), but in no event
will attorneys' fees be awarded or recoverable; (3) UNDER NO CIRCUMSTANCES WILL
ANY ENTRANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT
HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER
THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT AND PRIZE WINNER'S REMEDIES
ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY
WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; (5) this sweepstakes
is governed by the laws of the state of New Jersey without regard to its
conflicts of law principles and any and all disputes, claims and causes of
action arising out of or connected with this sweepstakes, and exclusively
before a court of competent jurisdiction located within the state of New
Jersey; if any provision or provisions of these official rules shall be held to
be invalid, illegal, unenforceable or in conflict with the law, the validity,
legality and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby; and (6) entrants shall be bound by these official
rules.
7.
RELEASE: By participating,
entrants (and his/her parent/legal guardian if winner is an eligible minor) agree
(a) that Sponsor and Promotion Parties are released, will have no liability
whatsoever for, and shall be held harmless by entrants against any liability
for any injuries, losses or damages of any kind to person(s), including death,
or property resulting in whole or in part, directly or indirectly, from
acceptance, possession, misuse or use of any prize or participation in this Promotion
or any Promotion-related activities, including any travel related thereto and
(b) except where legally prohibited, winners (and his/her parent/legal guardian
if winner is an eligible minor) grant (and agree to confirm that grant in
writing) permission to Sponsor and those acting under their respective
authority the right to the use of his/her name, picture, likeness, persona,
voice, image, biographical information and statements, at any time or times,
for advertising, trade, publicity and promotional purposes without additional
compensation, in all media now known or hereafter discovered, worldwide in
perpetuity, and on the Internet and World Wide Web, without notice, review or
approval, unless prohibited by law.
8.
BINDING ARBITRATION: Any
controversy or claim arising out of or relating to this Promotion shall be
settled by binding arbitration in a location determined by the arbitrator as
set forth herein (provided that such location is reasonably convenient for
claimant), or at such other location as may be mutually agreed upon by the
parties, in accordance with the procedural rules for commercial disputes set
forth in the Comprehensive Arbitration Rules and Procedures of JAMS (ÒJAMS
Rules and ProceduresÓ) then prevailing, and judgment upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof. The
arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The
arbitrator shall apply New Jersey law consistent with the Federal Arbitration
Act and applicable statutes of limitations, and shall honor claims of privilege
recognized at law. In the event that the claimant is able to demonstrate that
the costs of arbitration will be prohibitive as compared to the costs of
litigation, Sponsor will pay as much of the claimantÕs filing and hearing fees
in connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive. If any part of this arbitration
provision is deemed to be invalid, unenforceable or illegal (other than that
claims will not be arbitrated on a class or representative basis), or otherwise
conflicts with the rules and procedures established by JAMS, then the balance
of this arbitration provision shall remain in effect and shall be construed in
accordance with its terms as if the invalid, unenforceable, illegal or
conflicting provision were not contained herein. If, however, the portion that
is deemed invalid, unenforceable or illegal is that claims will not be
arbitrated on a class or representative basis, then the entirety of this
arbitration provision shall be null and void, and neither claimant nor Sponsor
shall be entitled to arbitrate their dispute. Upon filing a demand for
arbitration, all parties to such arbitration shall have the right of discovery,
which discovery shall be completed within sixty days after the demand for
arbitration is made, unless further extended by mutual agreement of the
parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE
ENTRANTÕS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY
SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR
CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY
PARTICIPATING IN SPONSORÕS PROMOTION, EACH ENTRANT AND PRIZE WINNER AGREES THAT
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND
CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE
AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH
ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS
AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED
(IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3)
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR PRIZE RECIPIENT BE PERMITTED TO
OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL
RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST
PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES),
AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4)
ENTRANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES
(IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR
EQUITABLE RELIEF.
9.
Facebook Clause:
This Promotion is in no way sponsored,
endorsed or administered by, or associated with, Facebook. By entering this Promotion, entrants
fully release Facebook from any liability. You understand that you are providing your information to
Sponsor and not to Facebook. The
information you provide will only be used in connection with this Promotion and
by Sponsor for contact purposes generally. As such, please direct any questions, comments or complaints
regarding the promotion to the Sponsor.
10.
WINNERS' LIST: For the names of the winners, mail a
self-addressed, stamped envelope to:
ÒGimme Some Sugar Bobblehead GiveawayÓ Sweepstakes WinnersÕ List
Request, P.O. Box 3000, Dept. 906-706, Young America, MN 55558-3000, for
receipt by November 28, 2014.
11. SPONSOR: Post Foods LLC, 1 Upper Pond Rd, Parsippany, NJ 07054 is the sole
Sponsor of this Promotion.