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PEEPS®/IT'SUGAR® EASTER BASKET SWEEPSTAKES
OFFICIAL RULES ("Official Rules")
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE CHANCES OF WINNING. The PEEPS®/IT'SUGAR® EASTER Sweepstakes is open only to individuals who, as of entry date, are thirteen (13) years of age and older. Employees and directors of Just Born, Inc. ("Sponsor"), IT'SUGAR ("Sponsor") 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 Sponsors, which are final and binding in all matters relating to this Sweepstakes.
2. HOW TO ENTER: PEEPS®/IT'SUGAR® EASTER BASKET Sweepstakes (the "Sweepstakes") begins at 12:00:01 a.m. Eastern Time ("ET") on April 2, 2022 and ends at 11:59:59 p.m. ET on April 5, 2022 ("Sweepstakes Period"). To enter, during the Sweepstakes Period, visit the PEEPS® candy page on Instagram at @peepsbrand or the IT'SUGAR page on Instagram at @itsugar. Once there, follow the instructions provided in the Sweepstakes post caption which instructs consumers to follow both @peepsbrand and @itsugar on Instagram, like the post, tag 2 friends and comment on a post and automatically receive one (1) entry into the Sweepstakes. All posts must be public to count as entry. Limit one (1) entry per person. Each individual submitting an entry may be referred to hereafter individually as an "Entrant" and collectively as "Entrants". This Sweepstakes is not sponsored, endorsed, administered by or associated with Instagram/Facebook. By entering, you are providing the information to the Sponsors, and not to Instagram/Facebook. If you have any questions regarding the Sweepstakes direct them to the Sponsors and not to Instagram/Facebook.
PLEASE NOTE: Entrants must adjust their Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, Entrants will have to set Instagram account settings to 'Public', and take any further necessary steps to ensure receipt of any communication from Sponsors. It is solely Entrant's burden to take any steps necessary to adjust his/her Instagram account settings so that messages can be sent by Sponsors. An Entrant's non-receipt of a message from the Sponsors for any reason, including for failure on behalf of Entrant to adjust Instagram account settings, shall be Entrant's, and not Sponsors' fault. Similarly, the Sponsors 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 his/her Instagram account settings accordingly. By entering this Sweepstakes, each Entrant agrees that the Sponsors have the right to contact the Entrant by Instagram Direct Message to administer and fulfill this Sweepstakes.
3. RANDOM DRAWING: Potential winner will be chosen from among all eligible entries/comments received throughout the Sweepstakes Period on or about April 6, 2022 by an independent judging agency on behalf of Sponsors, 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 a Sponsor via message to their Instagram account. Each potential winner (or potential winner's parent or legal guardian if potential winner is a minor in his/her state of legal residence) will be required to be in contact with Sponsor for winner verification within 24 hours after receiving the initial notification. Upon verification, the verified winner will receive instructions on how to retrieve prize. 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 legal residence) acknowledges that he/she is in compliance with these Official Rules. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.
4. PRIZE & REDEMPTION REQUIREMENTS: Subject to the terms and conditions of these Official Rules, one (1) winner shall be awarded in the sweepstakes. One (1) winner will receive a PEEPS® and IT'SUGAR® Easter Basket. Total ARV of prize is $100.
No transfer, assignment, substitution, or cash equivalent for a prize is permitted, except at Sponsors' 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.
5. CONDITIONS OF PARTICIPATION/PRIVACY POLICY: Entrants (or their parent/legal guardian, if Entrant is deemed a minor in the state of his/her legal residence) agree (a) that Sponsors and their respective parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, any companies who are promotional participants or prize providers, and all of their respective officers, directors, shareholders, employees, representatives and agents (collectively, "Released Parties"), will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, 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 Sweepstakes or any Sweepstakes related activity, or for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any prize; and (b) except where legally prohibited, participants by accepting a prize grant permission for Sponsors and those acting under its authority to use his/her name, and photograph, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide and on the Internet and/or World Wide Web, in perpetuity, without notice, review or approval. By participating in this Sweepstakes, you (or your parent/legal guardian, if you as an Entrant are deemed a minor in the state of your legal residence) acknowledge and agree that the Sponsors may collect the personal information submitted by you, and use the information pursuant to Sponsors' privacy policy available at www.justborn.com/privacy-policy.
6. 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 any Social Sites, as solely determined by the Sponsors, will be disqualified (and all associated entries will be void), and the Sponsors reserve the right to terminate such entrant's eligibility to participate in this or any other promotion offered by Sponsors. 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 Social Sites. Should any portion of the Sweepstakes be, in Sponsors' sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsors, corrupt or impair the administration, security, fairness or proper play, or submission of entries, the Sponsors reserve the right at their 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 the Sponsors. 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 Sponsors 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 Web Sites) or combination thereof; or (e) damage to an Entrant's or other person's system or equipment occasioned by participation or attempted participation in this Sweepstakes. Authorized account subscriber is the natural person who is assigned the Instagram account.
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 SITES OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEB SITES, OR ANY OTHER WEB SITES ASSOCIATED WITH THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITES ARE 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 his/her parent/legal guardian, if entrant is deemed a minor in the state of his/her legal 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 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 Pennsylvania 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 the Sponsors 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. WINNERS' LIST: To obtain the names and cities of the winners, send a self-addressed stamped envelope to: PEEPS®/IT'SUGAR® EASTER BASKET Sweepstakes Winners, 1300 Stefko Blvd, Bethlehem, PA 18017. All requests must be received by April 30, 2022.
9. SPONSOR: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672, IT'SUGAR, LLC, 201 E Las Olas Boulevard, Suite 1900, Fort Lauderdale, FL 33301
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