Ferrero USA – Keebler Fudge Stripes Dip’mmms Music – Win agreement to Spotify’s standard terms including providing a credit card at the time of account creation

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE
YOUR CHANCES OF WINNING.

1. ELIGIBILITY: Keebler® “Fudge Stripes
Dip’mmms Music” Sweepstakes (the “Sweepstakes” or
“Promotion”) is open only to legal residents of the fifty (50) 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”), its parent,
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. 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 May 16, 2022 and end at 11:59:59 p.m. ET on
August 31, 2022 (“Promotion Period”). During the Promotion Period, Eligible
Entrants (each an “Entrant”) may visit the Keebler® “Fudge
Stripes Dip’mmms Music” Sweepstakes website (www.keeblermusicsweeps.com)
and follow the on-screen directions to complete and submit the online entry
form, which includes entering Entrant’s first and last name and e-mail
address.

Limit one (1) entry per person and/or per email address per day during
promotion 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 in a single day 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 There will be a total
of two hundred and nine (209) prizes awarded. The drawing 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 during promotion period.

4. WINNER NOTIFICATION: Potential winners will be
contacted on or about September 2,2022 by Administrator via email, at
Administrator’s sole discretion.

5. PRIZES: Two hundred and nine (209)
Prizes will be awarded in a random drawing upon completion of the promotion
consisting of the following:

Each prize will consist of a digital code good for a 12-month free
subscription of Spotify® Premium. Receipt of
prize will require agreement to Spotify’s standard terms, including
providing a credit card at the time of account creation. Each prize ARV
$119.88

TOTAL ARV $25,054.92

All prize suppliers are in no way a sponsor, endorser, or otherwise
associated with this Sweepstakes.

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

No cash substitute or alternate prize will be awarded.

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. 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. Sponsor reserves the right to ship various prize
components separately.

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 processing of the Sweepstakes.

8. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering,
each Entrant 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; (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. 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.keeblermusicsweeps.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, 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 Sept 9, 2022), send a self-addressed stamped (#10)
envelope to: The Keebler® “Fudge Stripes Dip’mmms Music”
Sweepstakes 2022 Sweepstakes Winner, c/o Berlin Productions 870 Locke Ln,
Yorktown Heights, NY 10598. Winners’ names will be sent after prizes have
been awarded. Requests received after Oct 15, 2022 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.

© 2022 Ferrero U.S.A., Inc. All rights reserved.