Ferrero USA – Kinder Joy Explore The Wild – Win of an $80.00 America the Beautiful – National Parks & Federal Recreational Lands Annual Pass that provides access to more than 2000 recreation areas managed by five Federal agencies
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO ENTER:
Kinder Joy® Explore the Wild Sweepstakes (the “Sweepstakes” or “Promotion”) begins at 12:00:00 AM (ET) on Monday, January 3, 2022 and ends at 11:59:59 PM (ET) on Sunday, January 30 2022. (“Promotion Period”).
During the Promotion Period, there are two (2) ways to enter:
a. On Instagram you my enter by accessing the official Kinder US Instagram account ( https://www.instagram.com/kinderus ) and locating the promotional post, then by (i) posting a comment telling us in 50 words or less your family resolution for the upcoming year. (ii) using the hashtag #explorethewildsweeps, and (iii) tagging the official Kinder US Instagram account @kinderus. Entering via Instagram will require you have a mobile device with a camera during the Promotion Period. You must also have the Instagram app on your mobile device. If you do not have an Instagram account, you can obtain a free account at https://www.instagram.com.
b. On your Twitter account you may enter by (i) telling us in 50 words or less your family resolution for the upcoming year. (ii) using the hashtag #explorethewildsweeps and (iii) tagging the official Kinder US Twitter account @kinderus. Doing so will require you to have a Twitter account. If you do not have a Twitter account, you can obtain a free account at https://twitter.com/signup.
Submitting a post using the above methods will result in one entry subject to compliance with these Official Rules. If entering using a mobile device, entry may require data usage or incur data usage charges. Such charges may apply regardless of whether you are successful in posting and entering the Sweepstakes. Check your mobile plan for rates/details. Wireless access may not be available in all areas.
Entry will not be judged, but must comply with the terms of these Official Rules (including the content restrictions set forth in Section 3 below) to be deemed a valid entry. As per Sections 4 and 5 below, prize winners will be selected via random drawing. For clarity, the content of your entry (provided that it is in compliance with these Official Rules, including Section 3 below) will NOT affect your ability to enter the Sweepstakes or your odds of winning a prize in the Sweepstakes.
Limit one (1) entry per person, per entry period (see section 5). Any attempt to use multiple names, Instagram accounts or Twitter accounts or other tactics to enter more than the stated limit may result in the disqualification of the Entrant by the Sponsor from the Sweepstakes and all associated entries will be void and entries will not be accepted from such Entrant for any subsequent day(s) of the promotion period (if applicable). Entries generated by script, macro or other automated means or with the intent to subvert the entry process will be void. Entries that are copies or re-posts of another entrant’s post are also void.
All Instagram and Twitter terms and conditions apply. This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Instagram or Twitter.
2. ELIGIBILITY: The Sweepstakes 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 at the time of entry, who have a valid Twitter, and/or Instagram account as of the time of entry (each an “Entrant”). Employees, agents, directors and officers of Ferrero U.S.A., Inc. (“Sponsor”), Berlin Productions, Inc. (“Administrator”), and (as applicable) any of their respective parents, affiliates, subsidiaries, representatives and fulfillment, advertising, marketing and promotion agencies (collectively, the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee/agent/director/officer are not eligible to enter or win. Void in Puerto Rico and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Sweepstakes. By entering, you agree to these Official Rules, which are binding in all aspects.
3. ENTRY CONTENT GUIDELINES: Entrant’s entry for Sweepstakes entry must not, without limitation:
contain any anti-social, political, controversial or religious statements, images or descriptions
include threats to any person, place, business, or group
include any personal information regarding Entrant or anyone else
contain advertisements, personal solicitations or commercial solicitations
contain material that is illegal, inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group) as determined in Sponsor’s sole discretion
contain material that advocates aggressive or violent behavior
contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or other trait
contain material that disparages or adversely affects the goodwill and business reputation of Sponsor or its Kinder Joy® product.
advocate illegal conduct of any kind or alcohol, tobacco or drug use including e-cigarette products
make any health claims regarding Kinder Joy® or suggest/imply that the Kinder Joy® product should be consumed other than in accordance with the label of same
contain material that is irrelevant to the theme of the Sweepstakes
Contain any brand names, logos or trademarks (including those that might appear on clothing) other than those of Sponsor.
Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Sweepstakes, or any other person or entity, or does not comply with these requirements or these Official Rules .
To the extent that your entry includes an endorsement of Kinder Joy® you represent and warrant that the entry is truthful in all material respects and accurately references your actual experience in using the product.
Subject only to those rights retained by Meta Platforms, Inc.., or Twitter, Inc. (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the post in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant further agrees, upon Sponsor’s request and without compensation, to use commercially reasonable efforts to assist Sponsor in obtaining a similar grant of rights from other individuals included in his/her post (to the extent applicable).
ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. WITHOUT LIMITATION, SPONSOR HAS NOT REVIEWED ENTRY POSTED BY ENTRANTS AND SUCH POSTING ON THE APPLICABLE KINDER SOCIAL MEDIA PAGE DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH ENTRY BY SPONSOR.
Sponsor may acknowledge receipt of post for entry, including by commenting upon or re-posting them. Should Sponsor choose to do so, any such acknowledgment merely indicates that the entry has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Promotion.
Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete, incorrect or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Instagram or Twitter account/handle used to enter the Promotion will be deemed to be the entrant.
4. SELECTION OF WINNERS : Potential Prize winners will be selected in random drawings by the Administrator, an independent judging organization, whose decisions are final and binding in all matters relating to the Sweepstakes. The Promotion Period is comprised of (4) separate weekly random drawings, with one (1) random drawing for each week of the Promotion Period. Drawings will be conducted from among all eligible entries received for each individual drawing period only. Weekly (defined as every 7 days) random drawing will be conducted by Administrator, starting on January 10, 2022 and ending on January 31, 2022. Weekly prize winners may only win one prize per promotion. Non-winning entries will not be carried forward for subsequent drawings.
AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Potential winners will be notified via direct message (i.e., private message) on Instagram and/or Twitter (depending upon how potential winner entered the Sweepstakes). IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM Kinder® (i.e., @kinderus [Instagram]; @kinderus [Twitter]) and/or Administrator (identified at time of message). THE DIRECT MESSAGE WILL CONTAIN A SECURE LINK FOR ENTRANT TO PROVIDE MAILING INFORMATION. A response is required to such notification within 48 hrs. from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified and an alternate winner may be selected from among all remaining eligible entries received for the applicable weekly random drawing. In the notification, potential winner will be directed to a prize acceptance form via secure url where he/she will provide his/her additional contact information (e.g., e-mail, name, street address (no PO boxes), city, state and zip code** for purposes of winner verification and prize claim.
In the event a potential winner cannot be contacted, fails to comply within the 48-hour time period corresponding to each step of the winner notification/verification process, he/she is disqualified for any reason or if the prize is returned as undeliverable to winner), the prize will be forfeited and Sponsor may choose an alternate potential winner in the manner set forth above.
**Only a street address in the (50) United States or the District of Columbia will be accepted and prize will only be delivered to such address (if potential winner is verified as being eligible and in full compliance with these Official Rules).
Odds of winning a prize will depend upon the total number of eligible entries received during the applicable weekly random drawing.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
Five Hundred (500) Prizes: Each week (Entry Period) One hundred and twenty-five (125) prizes will be awarded in a random drawing. There will be a total of four (4) Entry Periods, for a total of Five hundred (500) Prizes. Approximate Retail Value (ARV) of each Prize: $80.00. See chart below for Entry Period and Drawing details.
Total ARV of all Prizes: $40,000
Prize Description: Each prize consists of an $80.00 America the Beautiful – National Parks & Federal Recreational Lands Annual Pass that provides access to more than 2,000 recreation areas managed by five Federal agencies. For more details on the America the Beautiful – National Parks & Federal Recreational Lands Annual Pass usage please visit: https://store.usgs.gov/pass
Annual Pass Description: Each America the Beautiful – National Parks & Federal Recreational Lands Annual Pass is valid 12-months from the month of purchase, expiring the last day of that month. Covers the Pass owner and accompanying passengers in a single, private, non-commercial vehicle. Covers the Pass owner and three (3) accompanying adults age 16 and older at sites where Per Person entrance fees are charged. No entry fee for children 15 and under. Photo identification may be required to verify ownership. Passes are NON-REFUNDABLE, NON-TRANSFERABLE, and cannot be replaced if lost or stolen. Fees vary widely across the thousands of Federal Recreation sites. Please contact specific sites directly for information on what is or isn’t covered.
Start Date @ 12:00:00 AM (ET)
End Date @ 11:59:59 PM (ET)
Approx. Drawing Date
January 3,2022 @ 12:00:00 AM (ET)
January 9, 2022 @ 11:59:59 PM (ET)
January 10, 2022
January 10,2022 @ 12:00:00 AM (ET)
January16, 2022 @ 11:59:59 PM (ET)
January 17, 2022
January 17,2022 @ 12:00:00 AM (ET)
January 23, 2022 @ 11:59:59 PM (ET)
January 24, 2022
January 24,2022 @ 12:00:00 AM (ET)
January 30, 2022 @ 11:59:59 PM (ET)
January 31, 2022
6. GENERAL PRIZE RESTRICTIONS: Limit of one (1) prize per person, family, household or address. No prize transfer or cash redemption allowed except by Sponsor who reserves the right to substitute a prize (or prize element) of comparable or greater value, at its sole discretion. Any difference between the approximate retail value and actual value of Prize or any substituted prize will not be awarded. Winners are solely responsible for any federal, state, and local taxes, as well as any other costs and expenses associated with the acceptance and use of a Prize not described herein as being awarded. Prizes consist of only the items specifically listed as part of the Prize. All costs and expenses not specified herein as being awarded are the sole responsibility of Prize Winners. 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. In no event will more than the stated number of prizes be awarded. Sponsor and Administrator are not responsible for any change of potential winner’s home address, Instagram or Twitter account (as applicable) or if such account (for potential winner) is incomplete or otherwise defective.
7. GRANT OF RIGHTS: By submitting an Entry, Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of post with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered. The Potential Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their post. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
8. 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 Promotion, or ability or inability to upload or download any information in connection with the Promotion. 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 Kinder® Instagram and/or Twitter pages or any promotion-related website in whole or in part for any reason (including filtering or other operation of social media platform[s]); (h) traffic congestion on the Internet, on Instagram or Twitter or any promotion-related 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 and/or the prize claim 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 address or Instagram or Twitter account/handle 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 or prize claims (as applicable), the announcement of the prizes or any Promotion-related materials. Use of the Kinder® Instagram or Twitter page or any promotion-related 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 or 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. National Park Foundation is not a sponsor of this promotion and is not liable for payment of any prize to entrants who have violated these official rules. Void where prohibited by law. All federal state, provincial, & local laws & regulations apply.
9. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering the Promotion, 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, city and state of residence, and post 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, except where prohibited by law; (b) that Sponsor and its designees shall have the right and permission to (i) alter, amend, edit or change Entries, including the post, prior to distribution and (ii) use, distribute, reproduce, alter, amend and copyright Entries, including any post, submitted as an entry of the Promotion for purposes of advertising and trade (including in conjunction with posting on the Kinder® pages on Twitter or Instagram) without compensation, unless prohibited by law; (c) to release the Released Parties as well as Facebook, Inc. and Twitter, Inc. from all liability and to indemnify, defend and hold harmless the Released Parties as well as Facebook, Inc. and Twitter, Inc. from and against any claim, action, liability, loss, injury or damage to Entrant, or any other person or entity, including, without limitation, infringement or violation of third party rights or 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 the Prize (or any part thereof), (ii) participation in or administration of this Promotion, (iii) the use (or non-use) of any entry or any of the rights granted herein; (iv) defamation, violation of right of publicity or right of privacy; and (v) any element of this Promotion; (d) to assume all liability for any injury or damage related to (c) (i)-(v); (e) to be bound by the Official Rules (f) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (g) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (h) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys’ fees; and (i) that New York law (without regard to principles of conflict of law/choice of law) shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if Sponsor suspects fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any other similar causes or factors beyond Sponsor’s reasonable control could corrupt, impair or compromise the administration, security, integrity or fairness of the Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion. Should the Sweepstakes (or any portion thereof) be cancelled or terminated for any of the aforementioned reasons, the Sweepstakes will be conducted in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event the Sweepstakes is cancelled or terminated, notice will be posted on the Kinder® pages on Instagram and Twitter. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials, including without limitation, the Kinder® pages on Instagram and Twitter or any promotion-related website and the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including the post becomes property of Sponsor.
Any damage made to the Kinder® pages on Instagram and Twitter or any promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Any Entries 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, in their sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the entry process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted (i.e., more than one  entry per entry period and/or if Sponsor suspects that an Entrant attempted to obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
10. NOTICE TO ENTRANTS : ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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.
12. 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 PROMOTION AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THIRTEEN DOLLARS ($13.00). WITHOUT LIMITING THE FOREGOING, THIS PROMOTION IS 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 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. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED (IN WHOLE OR IN PART) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC/EPIDEMIC, WEATHER, TERRORISM OR SUPPLY CHAIN ISSUES. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. WINNERS’ LIST : You may request a winners’ list by mail by sending a self-addressed stamped envelope to Kinder Explore the Wild Sweepstakes c/o Berlin Productions, 870 Locke Ln Yorktown Heights, NY 10598. Requests must be received by March 4, 2022.
14. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054
15. ADMINISTRATOR : Berlin Productions, Inc., 870 Locke Ln, Yorktown Heights, NY 10598.
© 2022 Sponsor: Ferrero U.S.A., Inc. All rights reserved.