Nestle USA – Butterfinger Smokin’ Hot – Win 1 of 6 grand prizes of a Lulzbot Mini Desktop 3D Printers OR hundreds of other prizes
Butterfinger Smokin’ Hot Instant Win & Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. Eligibility: The Butterfinger Smokin’ Hot Instant Win & Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are at least 18 years old at the time of entry. Employees of Nestlé USA, Inc., HelloWorld, Inc., and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsor: Nestlé USA, Inc., Nestlé USA, Inc., 800 N Brand Blvd., Glendale, CA 91023. Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Promotion begins on April 1, 2017 at 12:00 a.m. Eastern (“ET”) and ends on June 30, 2017 at 11:59 p.m. ET (the “Promotion Period”). The Promotion consists of thirteen (13) weekly Sweepstakes entry periods (each a “Weekly Entry Period”) as outlined in the table below and an Instant Win Game. Administrator’s computer is the official time-keeping device for this Promotion.
Weekly Entry Period
Start Date at 12:00 a.m. ET
End Date at 11:59 p.m. ET
Approximate Draw Date
April 1, 2017
April 7, 2017
April 10, 2017
1 Grand Prize
April 8, 2017
April 14, 2017
April 17, 2017
1 First Prize
April 15, 2017
April 21, 2017
April 24, 2017
1 Grand Prize
April 22, 2017
April 28, 2017
May 1, 2017
1 First Prize
April 29, 2017
May 5, 2017
May 8, 2017
1 Grand Prize
May 6, 2017
May 12, 2017
May 15, 2017
1 First Prize
May 13, 2017
May 19, 2017
May 22, 2017
1 Grand Prize
May 20, 2017
May 26, 2017
May 30, 2017
1 First Prize
May 27, 2017
June 2, 2017
June 5, 2017
1 Grand Prize
June 3, 2017
June 9, 2017
June 12, 2017
1 First Prize
June 10, 2017
June 16, 2017
June 19, 2017
1 Grand Prize
June 17, 2017
June 23, 2017
June 26, 2017
1 First Prize
June 24, 2017
June 30, 2017
July 3, 2017
1 First Prize
4. How to Enter the Instant Win Game and Sweepstakes: During the Promotion Period, visit Butterfinger.com/SmokinHot and complete and submit the registration form including a valid email address. Valid entrants will receive one (1) Sweepstakes entry into the applicable Weekly Entry Period drawing (non-winning entries will not carry over into subsequent Weekly Entry Period drawings) and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. Follow the links and instructions to play the Instant Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.
Limit: Each entrant may enter or log-into the Sweepstakes and play the Instant Win Game one (1) time per day during the Promotion Period. For the purpose of this Promotion, a “day” shall be defined as beginning at 12:00 a.m. ET and ends at 11:59 p.m. ET. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed the entrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakes winners, from all eligible entries on or around the dates listed in the table above. Instant Win Game: There will be 225 random, computer-generated winning times, one for each prize listed below, generated during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID AND MAY NOT BE HONORED.
7. Verification of Potential Winners: Receiving a prize is contingent upon compliance with these Official Rules. The potential Weekly Sweepstakes winners will be notified by email or phone. As defined below, each potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release which must be received by Administrator, within 7 days of the date of notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information within the required time period (Sweepstakes Grand Prize winner only), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner of any prize is disqualified for any
reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be 3 alternate drawings after which the prize will remain unawarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
a) Sweepstakes Prizes:
SIX (6) GRAND PRIZES (one (1) awarded during Weekly Entry Period: 1, 3, 5, 7, 9, and 11): A LulzBot Mini Desktop 3D Printer. Approximate Retail Value (“ARV”): $1,250.
SEVEN (7) FIRST PRIZES (one (1) awarded during Weekly Entry Period: 2, 4, 6, 8, 10, 12, and 13): An Xbox One S console. ARV: $399.
Limit: One (1) Sweepstakes prize per person. The odds of winning a Sweepstakes Prize depend on the number of eligible entries received during each applicable Weekly Entry Period.
b) Instant Win Game Prizes:
TWENTY_FIVE SECOND PRIZES: Each winner will receive a Polaroid Zip Mobile Printer. ARV: $159.99
ONE HUNDRED THIRD PRIZES: Each winner will receive a $100 Best Buy gift card, terms and conditions apply, see gift card for details and restrictions. ARV: $100.
ONE HUNDRED FOURTH PRIZES: Each winner will receive a Nintendo NES video game console. ARV: $59.99
Limit: One (1) Instant Win Game prize per person. The odds of winning an Instant Win Game prize depend on the number of Instant Win prizes available divided by the number of eligible Instant Win Game plays.
For All Electronic Prizes: The actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $ 30,291.75.
9. Release: As a condition of entering and receiving any prize, potential winners agree to release and hold harmless Sponsor, HelloWorld, Inc., and their respective, subsidiaries, affiliates, suppliers, distributors, retailers, advertising/promotion agencies and all other services agencies involved with the Promotion and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, possession, use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries or plays received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry or play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry or Instant Win Game play, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
15. Winner List: For a winner list, visit http://bit.ly/2jNPhZ7. The winner list will be posted after winner confirmation is complete.
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