Kraft Heinz Foods – Total Eclipse Of The Bite Sweepstakes

Total Eclipse of the Bite Sweepstakes
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT
IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO
WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
1. SPONSOR: Kraft Heinz Foods Company, 200 E Randolph St #7600, Chicago, IL 60601
(“Sponsor”).
2. ADMINISTRATOR: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th St, Grand
Rapids, MN 55744 (“Administrator”).
3. ELIGIBILITY: TOTAL ECLIPSE OF THE BITE SWEEPSTAKES (the “Sweepstakes”) IS OPEN AND
OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF
COLUMBIA, WHO ARE 18 YEARS OF AGE AND OLDER OR WHO HAVE REACHED THE AGE OF
MAJORITY IN THEIR STATE OF RESIDENCE. Employees, officers, and directors of Sponsor,
Administrator, Agencies and each of their respective parent entities, subsidiaries and
affiliated companies (collectively, “Sweepstakes Entities”), as well as advertising,
sweepstakes, or production agencies or partners (and their respective dependents,
immediate family members, including children, spouse, parents, siblings, step-parents,
step-children, step-siblings and their respective spouses, regardless of where they reside,
and individuals residing in their same household at least three (3) months a year, whether
or not related) are not eligible to participate or win. Entry into the Sweepstakes does not
constitute entry into any other contest or sweepstakes. The Sweepstakes shall be subject
to all applicable federal, state, municipal, and local laws and regulations and these official
rules (“Official Rules”). By entering, all entrants agree that they have read these Official
Rules, the Twitter terms and policies, and agree to abide by and to be bound by the terms
and conditions of the Official Rules and Twitter Terms and Policies and the decisions of
Sponsor which shall be final and binding in all respects. False and/or deceptive entries or
acts shall render entrants ineligible.
4. ENTRY PERIODS: The Sweepstakes runs on May 26, 2021 from 6:11:01 AM CT to 11:59:59
PM CT (“Sweepstakes Period”). The Administrator’s database clock is the official
timekeeper for this Sweepstakes.
5. HOW TO ENTER: Create a tweet with the following:
(1) include the hashtag #BBSweepstakes
Upon completion of the above (each, an “Entry”), you will automatically receive one (1)
entry. Limit one (1) entry per account and/or person during the entire Sweepstakes
Period. All entries must be received by 11:59:59 PM CT May 26, 2021. All entries MUST
include the hashtag #BBSweepstakes in order to be an eligible entry.
This Sweepstakes is not sponsored, endorsed, administered by or associated with
Twitter. By entering, you are providing your information to Sponsor and not to Twitter.
6. ENTRY CONTENT RESTRICTIONS: Entries must not contain material that:
a) Violates or infringes another’s rights, including without limitation, privacy,
publicity or intellectual property rights, or that constitutes copyright infringement;
b) Promotes bigotry, racism, hatred or harm against any group or individual or
promotes discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
c) Contains indecent or unsafe behavior or situations, profanities or obscenities,
including but not limited to use of firearms/weapons/ammunition, nudity,
gambling, or pornography, or is otherwise inappropriate, indecent, profane,
obscene, violent, hateful, tortuous, slanderous or libelous;
d) References persons or organizations without their written permission other
than that of Sponsor;
e) Disparages any persons or organizations;
f) Includes threats to any person, place, business, or group;
g) Is in violation of or contrary to all applicable federal, state, municipal or local
laws and regulations;
h) Contains anything that is determined to damage or diminish the goodwill of the
Released Parties (defined below in Section 11), as determined by such entities
solely in their respective discretion; or
i) Does not comply with the terms, conditions or guidelines posted by Twitter.
Failure of any Entry to comply with the above “Entry Content Restrictions,” as
determined by Sponsor, in its sole discretion, may result in disqualification of Entrant.
Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry
that, at its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor
the Sweepstakes or any other person or entity, does not comply with these Official Rules
or if Sponsor receives notification about any potential infringements or breaches of law
or any other reason set forth herein. Entries must be suitable for presentation in a public
forum, in the sole determination of Sponsor.
7. RANDOM DRAWING AND WINNER NOTIFICATION: On or about May 28, 2021, One
Hundred (100) potential Winners will be randomly selected by Administrator, from
among all eligible Entries received during the Sweepstakes Period.
Potential Winners will begin to receive notifications by Administrator or Sponsor via a
direct message on Twitter (depending on method of entry) on or about the day of the
random drawing. When entering via Twitter, each Entrant must have his/her Account
set to “Public” and not “Private” and must have his/her direct message privacy settings
set to “Allow message requests from everyone” and/or be following @BagelBites on
Twitter so that Administrator and/or Sponsor may be able to contact Entrant in the
event that Entrant is a potential Winner. It is each Entrant’s responsibility to timely
check his/her Account for any direct messages from Sponsor or Administrator and to
ensure that Entrant’s Account settings allow Entrant to receive direct messages from
Administrator/Sponsor. Limit one entry per account and/or person. Potential Winners
will be required to respond to the link provided in the direct message providing full name,
address, and email address within twenty four (24) hours. Each Potential Winner must
meet all eligibility requirements and may be required to provide proof of identification
and/or sign an affidavit of eligibility, and/or a publicity and liability release, or any such
other documents as Sponsor deem necessary, in their sole discretion (collectively, the
“Prize Claim Documents”). If any notification or attempted notification is returned as
undeliverable, or if any notifications are not responded to in the required timeframe, the
prize will be forfeited and may be awarded to an alternate Winner. By accepting a prize,
the Winner represents and warrants they are in compliance with these Official Rules.
At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an
alternate Winner may result from any of the following: [a] potential Winner’s failure to
respond to initial notification within twenty four (24) hours after its transmission; [b] the
failure of notification due to deactivation of the potential Winner’s Account prior to
receipt of notification; [c] potential Winner’s failure to respond to Sponsor’s or
Administrator’s direct message winner notification; [d] potential Winner’s Account
“privacy” is set so that the potential Winner’s updates/responses/comments may not be
visible by Sponsor; [e] potential Winner’s failure to include BOTH Hashtags in their Entry;
[f] potential Winner’s Entry fails to comply with the Entry Content Restrictions set forth
in Section 6 above; [g] potential Winner’s failure to provide Sponsor with satisfactory
proof of age, identity and residency; [h] potential Winner’s failure to execute and return
the Prize Claim Documents within three (3) days after they are e-mailed or mailed (if
required) to the potential Winner; and [i] any other non-compliance with these Official
Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or
not award the forfeited prize to an alternate Winner. Once the potential Winner has
completed all requirements in these Official Rules and been verified by Sponsor and/or
Administrator, they will be declared a Winner. Odds of winning depend on the total
number of eligible Entries received during Sweepstakes Period.
8. PRIZES: One hundred (100) Prizes – One (1) Personalized deed showing winner’s
ownership of an acre of land on the moon, and one (1) coupon for free Bagel Bites
delivered separately via mail. Approximate Retail Value (“ARV”) of each Prize: $58.
Total ARV of all prizes being awarded: $5,800. LIMIT: One (1) Prize per person/account.
9. PRIZE CONDITIONS: All federal, state and local taxes on prize are the sole responsibility
of the winner. Prizes consist of only the items specifically listed as the prize. No
substitutions of prize, except as provided herein. Please allow 10-12 weeks for delivery.
In the event a prize cannot be awarded as stated, that prize will not be awarded. Costs
and expenses associated with prize acceptance and use not specifically stated herein as
being provided are the sole responsibility of each Winner. Prizes are not redeemable for
cash and are subject to availability, non-transferable, non-negotiable, non-refundable
and no substitution will be made except as provided herein at the Sponsor’s sole
discretion. Sponsor reserve the right to substitute a prize (or any element thereof) for
one of equal or greater value for any reason. All taxes including, without limitation,
federal, state and local taxes (including, but not limited to income and withholding taxes),
and any other expenses not specifically included in a prize description are the sole and
exclusive responsibility of each Winner.
The Released Parties make no warranties, and hereby disclaim any and all warranties,
express or implied, concerning each prize furnished in connection with the Sweepstakes.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PRIZE IS PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND RELEASED
PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND/OR NON-INFRINGEMENT. In the event there is a discrepancy or inconsistency
between disclosures or other statements contained in any Sweepstakes promotional
materials and the terms and conditions of these Official Rules, these Official Rules shall
prevail and govern.
10. PRIVACY POLICIES AND DATA COLLECTIONS: Information provided by you for this
Sweepstakes during the entry process is subject to Sponsor’s privacy policy located at
https://www.myfoodandfamily.com/privacynotice. Please see the full Privacy Policy for
details. Entrant’s personally identifiable information is not shared with third parties
unless we give prior notice and choice. We do not rent, disclosed or share personal
information or aggregated demographic information with our partners and advertisers.
Though we may use an intermediary to conduct promotions, they may not use entrant’s
personally identifiable information for any secondary purposes. By participating in the
Sweepstakes, you hereby agree to Sponsor’s collection and usage of your personal
information and acknowledge that you have read and accepted Sponsor’s privacy policy.
By entering this Sweepstakes, each Entrant agrees that the Sponsor and/or Administrator
has the right to contact the Entrant via the Account used to post the Entry in order to
administer and fulfill this Sweepstakes.
11. CONDITIONS OF PARTICIPATION: By entering this Sweepstakes and/or accepting a prize
you may win, you agree, represent and warrant that: [a] you will be bound by these
Official Rules and the Sponsor’s decisions, which shall be final in all respects; [b] the Entry
will not be acknowledged or returned; [c] you release, indemnify and hold harmless the
Sweepstakes Entities, Twitter, Agencies, and their respective parent entities, subsidiaries
and affiliated companies, advertising and promotion agencies, any companies who are
promotional participants or prize providers, and all of their respective officers, directors,
members, employees, representatives and agents (collectively, the “Released Parties”)
from any and all liability for claims, injuries, losses or damages of any kind, including
without limitation, death and bodily injury, resulting, in whole or in part, directly or
indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or
misdirection of a prize; participation in the Sweepstakes or any Sweepstakes-related
activity, or from any interaction with, or downloading of computer information; [d] the
Released Parties do not make any representation, warranty or guarantee, express or
implied, relating to the Sweepstakes or the prizes; [e] a Winner’s acceptance of a prize
constitutes the grant to Sponsor and assignment of an unconditional right to use said
Winner’s Instagram or Twitter handle, name, address (city and state only), voice, likeness,
photograph, biographical and prize information, statements about the Sweepstakes
and/or live and taped performances of interviews for any programming, publicity,
advertising and Sweepstakes purposes without additional compensation, except where
prohibited by law; [f] in the event viruses, bugs, unauthorized human intervention, Acts
of God, acts or regulations of any governmental or supra-national authority, war, national
emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or
other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the
administration, security, fairness or proper play of the Sweepstakes, so that it cannot be
conducted as originally planned, Sponsor has the right, in its sole discretion, to modify
the Official Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such
event, to select potential Winners by such method as Sponsor, in their sole discretion,
shall consider equitable from all eligible Entries received prior to such termination or
suspension; [g] the Released Parties are not responsible for failed, partial or garbled
computer transmissions, or for technical failures of any kind, including but not limited to
electronic malfunction or damage of any network, hardware or software and for
typographical or other errors in the offer or administration of this Sweepstakes, including
but not limited to: human errors, errors in the advertising, these Official Rules, selection
and announcement of the Winners and distribution of the prizes; [h] the Released Parties
are not responsible for any inability of the Winner to accept or use a prize (or any portion
thereof) for any reason; [i] Sponsor has the right to modify prize award procedures at its
sole discretion; [j] the Released Parties are not responsible for changes to Twitter
functions that may interfere with the Sweepstakes or your ability for timely entry; [k] you
acknowledge that you are solely responsible for any actions, claims or liabilities of your
Participant(s) related to any Sweepstakes -related activity; and [l] Released Parties are
not responsible for any failure of delivery of potential Winner notification.
12. LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late,
damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, non-delivered,
misdirected, stolen Entries; or for incomplete, inaccurate, lost, interrupted or unavailable
network, satellite, telephone networks or lines, cellular towers or equipment (including
handsets), computer on-line systems, computer equipment, software, viruses or bugs,
servers or providers, or other connections, availability or accessibility; or for unauthorized
access to, or alteration of Entries; or miscommunications, failed computer, telephone,
cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled,
scrambled, delayed, or misdirected transmissions, computer hardware or software
malfunctions, failures or difficulties; or for any other errors of any kind, whether human,
technical, mechanical, electronic or network, including, without limitation, any errors
which may occur in connection with the administration of the Sweepstakes or in any
Sweepstakes-related materials; or for the incorrect or inaccurate capture of Entry or other
information, or the failure to capture any such information. Persons who tamper with or
abuse any aspect of the Sweepstakes or Account used, as solely determined by the
Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserve
the right to terminate such Entrant’s eligibility to participate in this or any other
sweepstakes offered by Sponsor. Released Parties are not responsible for injury or
damage to Entrants’ or to any other person’s computer, electronic device or mobile
device related to or resulting from participating in this Sweepstakes or downloading
materials from Instagram. Without limiting the release provided above, and for greater
certainty, Released Parties will not be liable for (a) any incomplete or inaccurate
information, whether caused by wireless device users or by any equipment or
programming associated with or utilized in the Sweepstakes, or by any technical or human
error which may occur in the processing of Entries; (b) the theft, destruction or
unauthorized access to, or alteration of, Entries; (c) any problems with or technical
malfunctions of telephone networks or lines, computer on-line systems, servers or
providers, computer equipment, software, viruses or bugs; (d) any failure of any message
to be received by or from Sponsor for any reason including but not limited to traffic
congestion on the Internet or wireless waves or at any website or combination thereof;
or (e) damage to an Entrant’s or other person’s system or equipment occasioned by
participation in this Sweepstakes.
13. DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising
out of or connected with this Sweepstakes, or the prizes awarded, other than those
concerning the administration of the Sweepstakes or the determination of the Winners,
shall be resolved individually, without resort to any form of class action; (b) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering this Sweepstakes, but in no event attorneys’ fees;
and (c) under no circumstances will Entrant be permitted to obtain awards for, and
Entrant hereby waives all rights to claim punitive, incidental and consequential damages
and any other damages, other than for actual out-of-pocket expenses, and any and all
rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and
questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with
the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the
State of Illinois, without giving effect to any choice of law or conflict of law rules (whether
of the State of Illinois or any other jurisdiction), which would cause the application of the
laws of any jurisdiction other than the State of Minnesota.
14. WINNERS’ LIST/OFFICIAL RULES: For an official Winners’ list (available after June 1, 2021)
send a self-addressed, stamped envelope to: Total Eclipse of the Bite Sweepstakes –
WINNERS’ LIST, c/o Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th Street, Attn:
Dept. S8314W Grand Rapids, MN 55744. Residents of Vermont may omit return postage
on all requests. Official Rules may be obtained during the Promotion Period by visiting
https://bit.ly/3tzJRDC.
Abbreviated for Twitter Social PR posts:
NO PURCHASE NECESSARY. Open to 18+/50 US & DC. Ends @ 11:59:59PM CT 5/26/21. Limit 1
entry per person. Odds/Rules: visit https://bit.ly/3tzJRDC. Void where prohibited.