Ferrero – 31 Days Of Halloween Countdown Calendar Sweepstakes
Ferrero® “31 Days of Halloween Countdown Calendar” Sweepstakes
1. ELIGIBILITY: Ferrero® “31 Days of Halloween Countdown Calendar” Sweepstakes (the “Sweepstakes” or “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) years of age or older and have a valid email account as of the date of entry (“Eligible Entrants”). Employees of Ferrero® U.S.A., Inc. (“Sponsor”), its parent, affiliates, subsidiaries, employees of Children’s Miracle Network d/b/a Children’s Miracle Network Hospitals, its affiliates, subsidiaries, its promotion, advertising and internet agencies, including Administrator as defined below, and prize suppliers (and their respective employees, directors, officers and agents) (collectively, the “Released Parties”), and each member of their immediate family (spouse, parent, children and siblings and their respective spouses, regardless of where they reside) and/or those persons living in the same household, whether or not related, are not eligible to enter or win. (For clarity, volunteers and donors to Children’s Miracle Network Hospitals ARE eligible to enter the Sweepstakes and win a prize.) Void in Puerto Rico, where prohibited or where restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server shall be the official timekeeper for the Sweepstakes.
2. HOW TO ENTER: The Sweepstakes shall begin at 12:00:00 a.m. Eastern Time (“ET”) on August 11, 2021 and end at 11:59:59 p.m. ET on September 10, 2021 (“Entry Period”). During the Entry Period, Eligible Entrants (each an “Entrant”) may visit the Ferrero® “31 Days of Halloween Countdown Calendar” Sweepstakes website (www.ferrerohalloween.com) and follow the on-screen directions to complete and submit the online entry form including the donation portion by selecting the amount to donate (of one dollar [$1] or more) to the Children’s Miracle Network Hospitals, childrensmiraclenetworkhospitals.org. YOU ARE STRONGLY ADVISED TO REVIEW CHILDREN’S MIRACLE NETWORK HOSPITALS’ WEBSITE AND LEARN ABOUT THE NONPROFIT’S MISSION AND CHARITABLE ACTIVITIES BEFORE MAKING A DONATION OF ANY AMOUNT TO SUPPORT THEIR WORK.
TO ENTER WITHOUT MAKING A DONATION PLEASE VISIT WWW.FERREROHALLOWEEN.COM/AMOE/ AND FOLLOW THE ON SCREEN INSTRUCTIONS.
IF YOU ARE A MINOR IN YOUR JURISDICTION OF RESIDENCE (GENERALLY, UNDER THE AGE OF 18), YOU ARE ALSO ADVISED TO OBTAIN THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO ENTERING BY MAKING A DONATION TO CHILDREN’S MIRACLE NETWORK HOSPITALS.
Regardless of entry method utilized, a valid email address is required to enter the Sweepstakes.
Limit one (1) entry per person and/or per email address during the Entry Period. Proof of submission of an entry will not be deemed proof of receipt by Sponsor. Additional Sweepstakes entries received from the same person or e-mail address after the first Sweepstakes entry received from that person or e-mail address within the entry period will be void; egregious or repeated violations may result in disqualification from Sweepstakes. Receipt of entries may be acknowledged and, if so, any such acknowledgment does not constitute any representation as to eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor. Entrants can enter via desktop computer or mobile device. Standard data rates may apply if entering via mobile device, check with your mobile data carrier.
For entry via donation, the amount of the donation in excess of one dollar ($1) will NOT affect one’s ability to enter or his/her odds of winning a prize.
To result in Sweepstakes entry, donation to Children’s Miracle Network Hospitals must be made via the Sweepstakes Website. If a person attempts to make a donation but the underlying transaction is not successful resulting in funds being received by Children’s Miracle Network Hospitals for any reason, no Sweepstakes entry will be received in conjunction therewith.
Sponsor makes no representation, guarantee or warranty that an entrant’s donation to Children’s Miracle Network Hospitals will result in receipt of a charitable tax deduction or any like benefit. Entrants are thereby cautioned to consult with their accountant or other tax professional BEFORE seeking to claim any charitable benefit in conjunction with Sweepstakes participation.
Neither Sponsor nor Administrator is acting as a professional fundraiser, charitable solicitor or otherwise collecting funds for Children’s Miracle Network Hospitals: AT ALL TIMES, THE ONLY PARTIES TO THE DONATION TRANSACTION ARE THE ENTRANT, ON THE ONE HAND, AND CHILDREN’S MIRACLE NETWORK HOSPITALS, ON THE OTHER.
3. WINNER SELECTION-RANDOM DRAWING: Five Hundred (500) winners will be selected at random on or about September 13, 2021. The random drawing will consist solely of all eligible entries received which entered correctly (as per Rule 2 above). The Drawing will be conducted by the Administrator, whose decisions are final on all matters relating thereto. Odds of winning a Prize depend upon the number of Eligible Entries received during the Entry Period.
4. WINNER NOTIFICATION: Potential winners will be notified by Administrator via email and will be asked to confirm shipping address provided when entering. If Sponsor/Administrator is unable to confirm a potential winner or potential winner is not in compliance with these Official Rules, the prize will be forfeited, and an alternate potential winner may be selected from among all remaining Eligible Entries received for the random drawing.
5. PRIZES: Five Hundred (500) Prizes
Each Prize consists of the following: One Ferrero® “31 Days of Halloween Countdown Calendar” consisting of a variety of Ferrero® products including:
Pieces Per Box
Butterfinger® Zombie Eyeballs
Crunch® Zombie Eyes
Nutella® and Go Pretzel
Nutella® and Go Breadstick
Tic Tac® Big Berry Adventure
Tic Tac® Fruit Adventure
Tic Tac® Orange
PRIZE ARV $29.99 each.
TOTAL ARV OF ALL PRIZES: $14,995
LIMIT ONE (1) PRIZE PER PERSON, PER HOUSEHOLD, MAILING ADDRESS AND/OR PER EMAIL ADDRESS DURING THE ENTRY PERIOD.
6. ADDITIONAL PRIZE RESTRICTIONS: Manufacturers/suppliers of prizes to be determined by Sponsor in its sole discretion. Prizes to be awarded “as is” and any and all warranties and/or guarantees (if any) shall be subject to the manufacturers’/suppliers’ terms; therefore, Winners agree to look solely to such manufacturer(s)/supplier(s) for any such warranty(s) and/or guarantee(s), if any. Any prize depiction is for illustrative purposes only. Sponsor shall not be responsible for lost or stolen Prizes, or any part thereof or any issues arising out of or in connection with Winner’s use of a Prize, or any part thereof. Sponsor reserves the right to award prize to or in the name of the parent/legal guardian of a winner who is a minor in his/her jurisdiction of residence. Without limitation, Prizes consist of only the items specifically listed as part of the Prize. No prize transfer or cash redemption are permitted. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Except with Sponsor’s written consent (which may be granted or withheld by Sponsor without liability of any kind), prize must be accepted as awarded. Any stated difference between the approximate retail value and actual value of prize (or any component thereof) or any substituted prize (or any component thereof) will not be awarded. Winner is solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, all federal, state, or local taxes (if any) on the prize and any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded. In no event will more than the stated number of prizes be awarded. Should Sponsor receive fewer than (500) eligible entries, any remaining prizes will not be awarded. If Winner chooses not to accept prize for any reason no cash substitute or alternate prize will be awarded nor will Sponsor have any other liability to winner in conjunction with the Sweepstakes. Prize will only be delivered to a street address in the fifty (50) United States or the District of Columbia.
7. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant’s participation in or attempt to participate in the Sweepstakes, or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of the Website in whole or in part for any reason; (h) traffic congestion on the Internet or the Website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry procedure, whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries, the announcement of the prizes or any Promotion-related materials. Use of Website is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person’s computer, mobile phone resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the offering the Sweepstakes.
8. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering, each Entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agrees (a) that Sponsor and its designees (including Children’s Miracle Network Hospitals) shall have the right and permission to use in any manner (unless prohibited by law) Entrant’s name, voice, city and state of residence, for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, or any third parties, except where prohibited by law; (b) to release the Released Parties from any and all liability and to indemnify, defend and hold harmless the Released Parties from and against any claim, action, liability, loss, injury or damage to Entrant or any other person or entity, including, without limitation, personal injury or death to Entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of a prize the Released Parties – to the fullest extent permitted by law — (ii) participation in or administration of this Sweepstakes; (iii) the exploitation of any of the rights granted herein; and (iv) any element of this Sweepstakes; (c) to assume all liability for any injury or damage related to (a) (i)-(iv); (d) to be bound by the Official Rules and the Administrator’s decisions which are final; (e) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (f) that all causes of action relating to this Sweepstakes will be resolved individually without resort to any form of class action; (g) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred (if any), excluding attorneys’ fees; and (h) that New York law shall apply exclusively to the Sweepstakes and that any dispute with respect to the Sweepstakes shall be resolved in either the federal or state courts located in the County of New York, State of New York, regardless of conflict of law/choice of law provisions of New York or any other jurisdiction.
Released Parties are not responsible for (1) lost, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, software, hardware, network, technical, human, mechanical, electronic, seeding or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of Sweepstakes entries, or prize claims, the announcement of the prizes or in any Sweepstakes-related materials, or for any damage to Entrant’s or other person’s hardware or software (or mobile device) as a result of participation; (2) failed, incomplete, undeliverable, garbled, delayed, late, lost, misdirected, stolen, or any combination thereof, entries, prize notifications or prize claims; (3) damage to Entrant’s or any person’s computer, mobile device or the contents thereof; (4) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or (5) any inability of any winner to accept a prize. Persons found tampering with or abusing any aspect of this Sweepstakes or whose conduct potentially compromised the Sweepstakes or who are in violation of these Official Rules as solely determined by the Administrator will be disqualified and all associated Sweepstakes entries will be void. Every submission must be manually keystroked and manually entered by the Entrant and repetitive, automated electronic submission of Sweepstakes entries is specifically disallowed. Use of automated entry software or programs is prohibited and entry through any such means is void.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any or other similar causes or any other factor beyond Sponsor’s reasonable control impairs or compromises the administration, security, integrity or fairness of the Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Sweepstakes is cancelled or terminated, notice will be posted online at www.ferrerohalloween.com and Sponsor reserves the right, at its sole discretion, to award the prizes from among all eligible non-suspect entries received up to the time of such action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entry information becomes property of Sponsor.
In the event a dispute arises regarding the specific individual entitled to receive a prize, an entry will be deemed made by the “authorized e-mail account holder” of the e-mail address submitted on the online entry form. “Authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrant may be requested to provide Sponsor/Administrator with proof that the Entrant is the authorized e-mail account holder of the e-mail address in question. Any damage made to any Sweepstakes-related website by an Entrant will be the responsibility of the authorized e-mail account holder of the e-mail address submitted on the online entry form that is associated with the damage in question. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor/Administrator. Sponsor/ Administrator reserve the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. If an Entrant submits more than the stated number of entries permitted, and/or if Sponsor and/or Administrator suspects that an Entrant attempted to obtain additional entries by using multiple email addresses, user IDs, registrations, identities or any other method, all entries submitted by the Entrant will be declared null and void.
NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY SWEEPSTAKES-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW AS WELL AS DISQUALIFYING SUCH INDIVIDUAL FROM THE SWEEPSTAKES (IF APPLICABLE).
9. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES, YOUR ACCESS TO AND USE OF ANY PROMOTION RELATED WEBSITE AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM SPONSOR, 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 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.
11. REQUEST FOR WINNERS’ NAMES: For the names of the winners (available after September 18, 2021), send a self-addressed stamped (#10) envelope to: Ferrero® 31 Days of Halloween Countdown Calendar Sweepstakes 2021 Sweepstakes Winner, c/o Berlin Productions 870 Locke Ln, Yorktown Heights, NY10598. Winners’ names will be sent after prizes have been awarded. Requests received after Nov. 5, 2021 will not be honored.
12. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, 4th Floor, Parsippany, NJ 07054.
13. ADMINISTRATOR: Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598.
© 2021 Ferrero U.S.A., Inc. All rights reserved.
© 2021 Children’s Miracle Network Hospitals
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