CHIPS AHOY! XBOX SWEEPSTAKES OFFICIAL RULES

Transcription

1 CHIPS AHOY! XBOX SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT S CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF CONNECTICUT, DELAWARE, MARYLAND, NEW JERSEY, NEW YORK, PENNSYLVANIA, AND WHO ARE 18 YEARS OR OLDER AT THE TIME OF ENTRY. MICROSOFT IS NOT A SPONSOR OF THIS PROMOTION AND IS NOT RESPONSIBLE FOR ITS EXECUTION OR ADMINISTRATION The Chips Ahoy! Xbox Sweepstakes ( Sweepstakes ) is sponsored by Mondelez Global, LLC ( Sponsor ), 100 Deforest Avenue, East Hanover, NJ 07936, and is administered by Prize Logic, LLC ( Administrator ), Telegraph Road, Suite 405, Southfield, MI USA SWEEPSTAKES PERIOD: The Sweepstakes begins on June 1, 2018 at approximately 12:00 AM Eastern Time ( ET ) and ends on June 9, 2018 at approximately 11:59 PM ET ( Sweepstakes Period ) Administrator s computer is the official clock of the Sweepstakes. 2. ELIGIBILITY: This Sweepstakes is open only to legal residents of Connecticut, Delaware, Maryland, New Jersey, New York, and Pennsylvania, and who are at least eighteen (18) years old at the time of entry. Employees of Sponsor, Administrator, and each of their respective parent companies, subsidiaries and affiliates, distributors, Xbox, and companies involved in the implementation and execution of the Sweepstakes ( Sweepstakes Entities ) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the steps of each) and persons living in the same household of each are not eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes, an entrant agrees to be bound by these Official Rules and that the decisions of Administrator shall be final and binding in all matters pertaining to the Sweepstakes. If an entrant enters the Sweepstakes from a mobile device, the entrant s wireless service provider may charge the entrant for applicable data charges. Entrants should consult their wireless service providers regarding their pricing plans. Message and data rates may apply. Entrants should review their mobile devices capabilities for specific app instructions.

2 3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, there are two (2) ways to enter: A. Text Message: Using an SMS-enabled mobile device, an entrant must send a text message to the short code or (each a Short Code ) stating the keyword AHOY ( Keyword ). Once the text message is received, the entrant will be sent a reply text message asking the entrant to agree to the Official Rules. Once a valid response is received, the entrant will automatically receive one (1) entry into the Sweepstakes ( Text Message Entry ). Only Text Message Entries to the Short Code with the valid Keyword will be accepted as a valid Text Message Entry. See Section 6 ( How to Claim a Prize ) regarding how the potential winner will be notified. All Text Message Entries must be received by Sponsor or its authorized designee by 11:59:59 PM ET on June 9, NOTE: Proof of text message submission does not constitute proof of delivery or receipt of the text message. IMPORTANT: Message and data rates may apply for each text message sent or received. Not all mobile telephone providers carry the service necessary to participate in this Sweepstakes. Entrants should consult their wireless provider s pricing plans. Consent not a condition of purchase. An entrant may, at any time, choose to stop participating in this Sweepstakes by sending an opt-out text message stating STOP AHOY to the Short Code. If an entrant sends an opt-out text message, he/she will be sent a reply text message, which will confirm that he/she has been unsubscribed and will receive no further text messages. For help, text the word HELP AHOY to the Short Code. Each Text Message Entry must be manually key-stroked/entered by the entrant. B. Mail-In Entry: An eligible entrant may hand-write his/her complete name (no initials), valid address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½ x5 card ( Mail-In Entry ) and mail it with sufficient postage to: The Chips Ahoy! Xbox Sweepstakes, P.O. Box , West Bloomfield, MI All Mail-In Entries must be postmarked no later than June 9, 2018 received on or before June 19, 2018 in order to be eligible. Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Entries mailed in an envelope or sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries. Entry Limit: Regardless of the method of entry, there is a limit of one (1) entry per person per day during the Sweepstakes Period. If more than one (1) entry per day is received from the same person, telephone number and/or address in a single day, only the first entry received may be considered valid. 4. RANDOM DRAWINGS: On or about June 20, 2018, the Administrator will randomly select five (5) potential winners from among all eligible entries received during the Sweepstakes Period. Each winner is deemed to be a potential winner pending verification of his/her eligibility and compliance with these Official Rules. 5. PRIZES, APPROXIMATE RETAIL VALUE ( ARV ), AND ODDS OF WINNING: A. Prizes (5): Each winner will receive one (1) Xbox One X Console, one (1) X Box Wireless Controller, and one (1) Sea of Thieves Digital Game Code (each a Prize ). The 2

3 approximate retail value ( ARV ) of each Prize is $620. There will be five (5) Prizes available in the Sweepstakes. Digital Code expires December 31, Downloadable content requires internet access, Xbox Live Gold membership, Sea of Thieves game, and Xbox One or Windows 10 PC (all sold separately). Code downloadable through December 31, B. Total ARV of All Prizes: The total ARV of all Prizes is $3, C. Odds of Winning: The odds of winning a Prize depend on the total number of eligible entries received during the Sweepstakes Period. D. General: In no event will more than five (5) Prizes be awarded. If, for any reason, more prize notifications are sent (or more claims are received), Sponsor reserves the right to award the Prizes in a random drawing from among all Prize claims received. The right to receive a Prize is non-assignable, non-transferable and no Prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a Prize of equal or greater value in case of unavailability of Prize or force majeure. No substitutions, cash equivalents or transfers of a Prize permitted by a winner. The Sweepstakes Entities shall not be responsible for any inability of a winner to accept or use any portion of a Prize for any reason. Federal, state and local taxes are solely the responsibility of each winner. All other costs and expenses not expressly set forth herein shall be solely each winner s responsibility. The Sweepstakes Entities shall not be held responsible for any delays in awarding a Prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded, in Sponsor s sole discretion. Limit: One (1) Prize per household. 6. HOW TO CLAIM A PRIZE: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Potential winners will be notified by text message, telephone or after the Random Drawing. Before being declared a winner, potential winners will be required to sign and execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment ( Affidavit ). The potential winners must return a fully executed and notarized Affidavit to the Sponsor or its authorized designee within ten (10) calendar days from the date it is postmarked as being sent to the potential winner or the prize may (in Sponsor s sole discretion) be forfeited. Failure to provide all required information within the stated time period may result in forfeiture of winner s right to claim a Prize, and may result in the Prize being awarded to an alternate winner, if time permits. Upon verification of eligibility, each Prize will be mailed to the winner at the address (PO Boxes not allowed) provided during winner verification (or at the time of entry if the potential winner entered via the Mail-In Entry). The digital code portion of each Prize will ed to each winner. If a potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept a Prize, or if Administrator is unable to contact a potential winner, the potential winner fails to respond to Sponsor s notification within the stated deadlines set forth above, or a Prize is returned undeliverable, the Prize will be forfeited, and in the Sponsor's sole discretion, the forfeited Prize may be awarded to an alternate winner. If the Sponsor wishes to select an alternative potential winner, Administrator will select this alternative potential winner at random from the pool of remaining eligible entries. The potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. An entrant is not a winner of any Prize, unless and until the winner has been verified and notified that the verification is complete. The Sweepstakes Entities shall not be held responsible for any delays in providing a Prize for 3

4 any reason. If, after a good-faith attempt, Sponsor is unable to provide or deliver a Prize, the Prize may not be awarded. Prizes are not transferable. The Prizes will only be provided to verified winners. Approximate retail values are as of the time these Official Rules were printed and the value of a Prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the Prize at the time the Prize is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner s responsibility. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. SPONSOR WILL ISSUE AN IRS FORM 1099-MISC FOR EACH WINNER. 7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree the Sweepstakes Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents ( Released Parties ) are not responsible for any and all liabilities, including but not limited to lost, late, incomplete, stolen, misdirected, postage due, or undeliverable notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/internet/website/usenet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of Sweepstakes-related information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person s computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize. Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device; for any entries in excess of the stated limit; or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will, at Administrator's sole discretion, be disqualified. If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable. Notice of such cancelation, termination, or modification of the Sweepstakes shall be posted at This Sweepstakes is subject to all federal, state, and local laws and regulations. By entering the Sweepstakes, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys fees) that may arise in connection with: (a) the 4

5 Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties control, or as otherwise permitted in these Official Rules (a Force Majeure Event ); (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an entry; (i) any technical malfunctions or unavailability of any social media platform or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Sweepstakes, or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems. Without limiting the foregoing, everything regarding this Sweepstakes, including Prize components, are provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions. 8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ( JAMS RULES ). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF 5

6 ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action. 9. PRIVACY POLICY: Sponsor s privacy policy is available at PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each entrant agrees to allow Sponsor and/or Sponsor s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. 11. GENERAL: This Sweepstakes is subject to all federal, state and local laws and regulations. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Sweepstakes other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her Prize. If it is discovered or suspected that a person has registered or attempted to register or receive entries using multiple telephone numbers, addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive and such Prize may be forfeited at the Administrator's sole and absolute discretion. Administrator reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder of the account associated with the mobile device used to complete the Text Message Entry based on the applicable carrier s records (or address stated on the Mail-In Entry based on the applicable provider s records). Potential winners may be required to show proof of being the primary account holder. The primary account holder is the natural person listed as the 6

7 primary owner of the mobile device and associated mobile telephone number by a mobile telephone carrier (or primary owner of the address listed by the provider). If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Prize documents will not affect the validity or enforceability of any other provision. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and the Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail. 12. WINNERS LIST: To obtain a listing of the names of the winners, interested individuals should mail a self-addressed, stamped business-sized envelope in an envelope to: Chips Ahoy! Xbox Sweepstakes - Winners List Request, P.O. Box , West Bloomfield, MI Winner list requests must be received by August 10, Sponsor: Mondelez Global, LLC, 100 Deforest Avenue, East Hanover, NJ Microsoft is not a sponsor. 7