NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT ENHANCE CHANCES OF WINNING.
The PEEPS®/IT’SUGAR® EASTER BASKET
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.
HOW TO ENTER: PEEPS®/IT’SUGAR® EASTER BASKET
Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Eastern Time (“ET”) on March 28, 2023 and
ends at 11:59:59 p.m. ET on March 30, 2023 (“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.
RANDOM DRAWING: Potential winner will be chosen from among all eligible
entries/comments received throughout the Sweepstakes Period on or about March 31, 2023 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.
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.
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.
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.
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.
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, 2023.
SPONSORS: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA
18017-6672, IT’SUGAR, LLC, 201 E Las Olas Boulevard, Suite 1900, Fort Lauderdale, FL 33301
