Ferrero Kinder Joy – Barbie “you Can Be Anything” Sweepstakes

KINDER JOY® Barbie® “You Can Be Anything”
Sweepstakes

OFFICIAL RULES

1. ELIGIBILITY: The Kinder Joy® Barbie® “You Can Be Anything” Sweepstakes (the “Sweepstakes” or
“Promotion”) is open only to legal residents of the fortymeight (48)
contiguous United States and the District of Columbia who are eighteen (18)
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”),
Mattel, Inc., their respective parents, affiliates, subsidiaries, Sponsor’s
promotion, advertising and promotions agencies, including Administrator as
defined below, and prize suppliers, including builder/supplier of the Grand
Prizes of the two (2) Custom Playhouses (“Grand Prize” or “Custom Playhouse”) (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. Void in Alaska,
Hawaii, Puerto Rico and 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 25, 2021 and end at 11:59:59 p.m. ET on
September 17, 2021 (“Entry Period”). During the Entry Period, Eligible
Entrants (each an “Entrant”) may visit the Kinder Joy® Barbie® “ You Can Be Anything” Sweepstakes website at

www.kinderjoybarbiesweeps.com

and follow the on-screen directions to complete and submit the online entry
form, which includes entering Entrant’s first and last name, street address
(no P.O. boxes), city, state, zip code, telephone number if Entrant is
selected and verified as a Grand Prize winner (See Rule 6 below for Grand
Prize Disclosures and Restrictions that will need to be confirmed before
verification), the Custom Playhouse will be installed at such address
unless winner has provided Sponsor with acceptable written consent from an
alternate property location owner, as discussed above) and e-mail address.
As part of the entry procedure, you must select one of the two (2) Custom
Playhouses (“A” or “B”) that you’d like to receive as the Grand Prize if
your entry is selected in the random drawing and you are verified as a
prize winner. BE CAREFUL IN SELECTING A CUSTOM PLAYHOUSE BECAUSE, ONCE
SELECTED, YOUR CHOICE CANNOT BE CHANGED. Your selection of Custom Playhouse
enters you into the pool for the random selection of such Custom Playhouse
(See Rule 3 below). Once Grand Prize winners have been confirmed Twenty
(20) secondary prizes will be selected in a random drawing from all
remaining eligible entries.

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 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.

3. WINNER SELECTION-RANDOM DRAWING: Two (2) Grand Prize
potential winners will be selected at random on or about September 18,
2021, with a separate Grand Prize drawing for each Custom Playhouse (“A” or
“B”) available. There will be a separate random drawing for twenty (20)
secondary prizes. The Grand Prize random drawing for each Custom Playhouse
will consist solely of all eligible entries received which selected the
corresponding Custom Playhouse on their entry (as per Rule 2 above). The
secondary prize drawing will consist of a pool of all non-winning eligible
entries from the two Grand Prize random drawing regardless of the Custom
Playhouse selected. All Drawings will be conducted by the Administrator,
whose decisions are final on all matters relating thereto. Odds of winning
a Prize depends upon the number of Eligible Entries received for the
applicable random drawing during the Entry Period.

4. WINNER NOTIFICATION: Potential winners will be
contacted by Administrator via email and/or telephone, at Administrator’s
sole discretion and will be required to review, sign and return an
Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and,
where legally permissible, a Publicity Release within seven (7) days of
attempted delivery of same. (For Grand Prize winners, the Affidavit/Release
is in addition to other waivers/releases/agreements that may be required in
order to accept the Grand Prize as well as furnishing proof of ownership of
property to which the Custom Playhouse will be installed or, in lieu
thereof, acceptable written consent from the alternate property location
owner.) At Sponsor’s discretion, these documents may be supplied
to potential winners online via e-mail. By entering the Sweepstakes,
entrants agree that an electronic signature on such documents will have the
same legal force and effect as the actual, physical signature on same. If
such documents are not returned within the specified time period, prize
notification is returned as undeliverable for any reason,
Sponsor/Administrator is unable to contact 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 applicable random drawing.

5.

PRIZES: Two (2) Grand Prizes and Twenty (20) Secondary prizes

GRAND PRIZE OPTION (A)
DJ Playhouse

The custom DJ playhouse features: play DJ equipment, small stage, working
lights (which have a standard 110V plug that fits into any US electrical
system), a colorful dance floor, plexiglass windows (one that opens and
closes), and functional Bluetooth speakers. Dimensions are approximately 6
ft. x 7 ft. x 8 ft. high.

GRAND PRIZE OPTION (B)
Patisserie Playhouse

The custom Patisserie playhouse features: a kitchen area with play sink,
fridge, counter and an arched display above, small table and chair, pastry
display and cash register, working overhead light fixture (which has a
standard 110V plug that fits into any US electrical system), plexiglass
windows (one that opens and closes). Dimensions are approximately 6 ft. x 7
ft. x 8 ft. high

The playhouse will be delivered to the winner’s home (as indicated on
his/her Sweepstakes entry). The Playhouse to be delivered and installed by
third party service of Sponsor’s and/or Builder’s (“Builder”) sole
choosing. Sponsor and its Builder will work with third parties in order to
deliver the Custom Playhouse. SPONSOR, MATTEL, INC. AND SPONSOR’S AGENCIES
(INCLUDING ADMINISTRATOR) MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND AS
TO THE UNDERLYING WORKMANSHIP OR HABITABILITY OF THE PLAYHOUSE; WINNER
EXPRESSLY WAIVES ANY CLAIM HE/SHE MAY HAVE AGAINST SPONSOR, MATTEL, INC.
AND SPONSOR’S AGENCIES (INCLUDING ADMINISTRATOR) UNDER ANY LEGAL THEORY
RELATIVE TO THE PLAYHOUSE, WITH THE UNDERSTANDING THAT HE/SHE HAS NO LEGAL
RECOURSE AGAINST SPONSOR, MATTEL, INC. AND SPONSOR’S AGENCIES (INCLUDING
ADMINISTRATOR) WITH REGARD TO ANY DEFECT IN OR RELATING TO THE PLAYHOUSE.
THE ONLY WARRANTIES – IF ANY – AS TO THE PLAYHOUSE ARE THOSE PROVIDED BY
THE BUILDER/SUPPLIER OF SAME. Presentation ceremony with Builder may be
recorded by Sponsor, with the understanding that as between Sponsor, on the
one hand, and Grand Prize winner, on the other, Sponsor shall own any and
all rights to such recording; and, winner agrees upon Sponsor’s request and
without compensation of any kind to sign any and all necessary and
appropriate documents so as to record, perfect and effect Sponsor’s
ownership rights in same. Builders participation in the presentation
ceremony is subject to his availability and professional commitments and,
if he is unavailable for any reason, the remaining elements of the Grand
Prize (i.e., the playhouse itself) shall represent Sponsor’s entire
liability to winner.

.

Each Entrant, once notified of being a potential Grand Prize Winner, hereby
authorizes Sponsor and its designated agents and representatives to conduct
a comprehensive background check of him/her (the “Background Check”).
Entrant understands that he/she may be asked to provide a social security
number or similar identification number, addresses or residences from the
last seven (7) years, date of birth, prior names (e.g. maiden name) and any
other information necessary for Sponsor’s representatives to conduct a
Background Check. The scope of the Background Check may include, without
limitation, civil and criminal history records from any criminal justice
agency in any or all federal and state records, sex offender registry
check, and terrorist watch list check. Entrant must agree to provide all
personal information needed and sign a release or authorization form in
order to permit Sponsor to conduct the Background Check. Sponsor and its
designated agents and representatives shall maintain all information
received from this release and authorization form in a confidential manner
in order to protect Entrant’s personal information. Entrant agrees to be
bound by the results of the Background Check which are final and binding
and not subject to appeal, even if Sponsor shall determine that Entrant
should not be awarded a Grand Prize (and, in such event, Sponsor and the
other Released Parties shall not have any liability to such Entrant under
any legal theory.

EACH GRAND PRIZE PACKAGE ARV $15,000

TOTAL GRAND PRIZE PACKAGES ARV $30,000

Secondary prizes.
Twenty (20) Secondary prize will each consist of a Barbie®, Barbie® book
and Fifteen (15) Kinder Joy® limited edition Barbie® “You Can Be Anything”
Kinder Joy® eggs ARV $43.33

TOTAL SECONDARY PRIZE PACKAGES ARV $866.60

TOTAL ARV OF ALL PRIZES: $30,866.60.

LIMIT ONE (1) PRIZE PER PERSON, PER HOUSEHOLD AND/OR PER EMAIL ADDRESS
DURING THE SWEEPSTAKES PERIOD.

6. ADDITIONAL PRIZE DISCLOSURES AND RESTRICTIONS: 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. 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 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. Grand Prize winner will be issued an IRS 1099 Tax Form reflecting
the value of the Grand Prize and, in conjunction therewith, Grand Prize
winner agrees to fully cooperate with Sponsor/Administrator including by
completing/signing/returning and IRS W9 Tax Form with his/her Social
Security Number. In no event will more than the stated number of prizes be
awarded. Sponsor reserves the right to ship various prize components
separately.

IF YOU ARE SELECTED AS A GRAND PRIZE WINNER

You must accept prize as described in these Official Rules. No
alternate or substitute prize is available. If you cannot accept prize
for any reason, Released Parties will have no liability to winner under
any legal theory (and, without limitation, winner will not receive any
compensation of any kind.)

As noted above, you have an option to place the prize at another
property with written consent from the alternate property location
owner. Such written consent must be on the other form provided by
Sponsor or via an alternative form which is acceptable to Sponsor in
its sole discretion. Note that, pursuant to applicable tax law, if you
transfer the prize to a third party, you will still be responsible for
the payment of taxes on the value of the prize.

If an alternate location is selected, the location must be a privately
owned residence. A town park, school, commercial area, or other area
that Sponsor deems not acceptable will not be accepted as an alternate
location. Such alternate location for the prize is subject to the
approval of Sponsor in its sole discretion.

You are subject to property requirements for safe and successful
delivery of the Custom Playhouse as determined by Sponsor in its sole
discretion in consultation with the builder/supplier who will install
the Custom Playhouse. The property requirements include but are not
limited to 8 ft x 9 ft flat, level space to accommodate 6 ft x 7 ft
structure

Delivery site must not be near a cliff or unstable ground as determined by
Sponsor’s builder.

o Delivery Date is expected to be during Fall 2021 with the actual Delivery
Date being selected by builder/supplier taking into account Grand Prize
winner’s availability (as between builder/supplier and Grand Prize winner,
builder/supplier will have final approval of Delivery Date.) Such Delivery
Date is subject to re-scheduling due to factors beyond the control of
builder/supplier, such as weather, traffic conditions, materials
availability, governmental approvals/requirements

o The property owner must be present at time of delivery to take possession
of Custom Playhouse (builder/supplier to provide a window for delivery
time)

o Property owner agrees to grant safe and pet-free access on agreed upon
date of delivery for installation, and to fully cooperate with
builder/supplier as well as not to interfere with builder/supplier in
installing the Custom Playhouse

o Property owner understands that disturbance to landscaping, or topsoil,
can sometimes occur and are the sole responsibility of property owner to
minimize damage.

o Property owner agrees that any desired property or other insurance on the
Playhouse is his/her sole responsibility.

o Property owner agrees that he/she shall be solely responsible for all
costs of maintenance and upkeep of Playhouse.

o Property owner agrees that it is his/her sole responsibility to ensure
that the playhouse yard structure and placement at and on the winner’s
requested site location is compliant with all applicable laws and
regulations, including municipal, local, state and federal laws.

o Property owner agrees that it is his/her sole responsibility to secure
any necessary permits from government authorities.

o Property owner is solely responsible for complying with any applicable
policies of property owner’s association or any like non-governmental
entity property owner may be required to provide photographs of the
proposed Delivery site prior to Delivery; builder/supplier will consult
with property owner to identify specific Delivery site for installation of
Custom Playhouse.

o Any necessary preparations at the Delivery site (e.g., removing existing
structures and/or debris) will be the sole responsibility of the Property
owner.

o IN ALL CASES, ANY ACTIONS THAT ARE THE RESPONSIBIITY OF HOMEOWNER WILL BE
UNDERTAKEN AT THE HOMEOWNER’S SOLE EXPENSE. UPON THE REQUEST OF SPONSOR
AND/OR BUILDER/SUPPLIER OF CUSTOM PLAYHOUSE AND WITHOUT COMPENSATION OF ANY
KIND OTHER THAN THE CUSTOM PLAYHOUSE ITSELF, HOMEOWNER AGREES TO COMPLETE,
SIGN AND RETURN ANY WAIVERS, RELEASES AND OTHER AGREEMENTS THAT MAY BE
REQUIRED IN CONJUNCTION WITH ACCEPTANCE OF THE CUSTOM PLAYHOUSE.

Sponsor reserves the right at its sole discretion to conduct a presentation
ceremony or other publicity event (“Publicity Event”) in conjunction with
installation of Custom Playhouse on property owner’s property and Grand
Prize Winners agree to participate in the successful execution of such
Publicity Event. Should Sponsor elect to proceed with same, the parameters
and elements of the Publicity Event (including its duration and content as
well as how the publicity event is disseminated to the public) will be
determined by Sponsor in its sole discretion. Property owner agrees to
fully comply with all instructions of Sponsor as to the Publicity Event and
to use best efforts to secure the full compliance of other members of
his/her household with such instructions. As between Sponsor, on the one
hand, and Property owner, on the other, Sponsor shall own any and all
rights to the recordation of the Publicity Event and any dissemination of
the Publicity Event; and, Property owner agrees upon Sponsor’s request and
without compensation of any kind other than the Custom Playhouse itself, to
sign any and all agreements that Sponsor may require so as to perfect,
record or effect its rights in the recordation/dissemination Publicity
Event. But, should Sponsor elect not to proceed with Publicity Event for
any reason, Sponsor shall not have any liability to winner under any legal
theory.

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 or any prize claim materials ,
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 processing of the Sweepstakes.

8. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering,
each winner agrees (a) that Sponsor and its designees shall have the right
and permission to use in any manner (unless prohibited by law) Entrant’s
name, voice, city and state of residence, and photographs and/or likeness
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 (for Grand Prize, the preceding includes but
is not limited to the Publicity Event as discussed above); (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);
(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 (be it a
Grand Prize for any of the reasons stated above or any other reason or a
Secondary Prize for any reason). 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 for any reason such as 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.kinderjoybarbiesweeps.com

and Sponsor reserves the right, at its sole discretion, to award the prizes
for affected random drawing(s) from among all eligible non-suspect entries
received for such affected random drawing(s) 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 (THE PRECEDING ONLY EXCLUDES ANY WARRANTIES MADE BY
SPONSOR ON ITS KINDER JOY® PRODUCT, TO THE EXTENT APPLICABLE) , 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.

10. USE OF DATA: Sponsor will be collecting personal data
about Entrants online, in accordance with its Privacy Policy. Please review
Sponsor’s Privacy Policy at

https://www.ferreronorthamerica.com/privacy-policy-us

. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s
collection and usage of their personal information and acknowledge that
they have read and accepted Sponsor’s Privacy Policy.

11. REQUEST FOR WINNERS’ NAMES: For the names of the
winners (available after September 18, 2021), send a self-addressed stamped
(#10) envelope to: The Kinder Joy® Barbie® You Can Be Anything 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 Oct. 29, 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.