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.