Kraft Heinz – Heinz For Diners – Win a check made payable to the Selected Diner in the amount of $2000.
1. Eligibility: Heinz For Diners (the “Program”) benefits locally owned, non-franchise local diners (each an “Eligible Diner”), owned by legal residents of the fifty (50) United States (or the District of Columbia) and who are at least eighteen (18) years of age or older (or nineteen (19) years of age or older for residents of Alabama and Nebraska) at the time of participation. Employees of Kraft Heinz Foods Company, Arrowhead Promotion and Fulfillment Co., Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to nominate or become an Eligible Diner. Void where prohibited. Participation constitutes Nominator’s and Eligible Diner’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Program. Being a recipient of a donation is contingent upon fulfilling all requirements set forth herein.
2. Timing: Program begins on April 23, 2020 at 7:00 a.m. Central Time (“CT”), ends on May 31, 2020 at 11:59 p.m. CT, OR when 500 submissions have been confirmed and verified, which ever is the first to occur (the “Program Period”).
Administrator’s computer is the official time-keeping device for the Program.
3. How to Enter: During the Program Period, patrons and owners of locally owned non-franchise local diners (each a “Nominator”) may visit www.heinzfordiners.com (“Website”) and follow the links and instructions to nominate an Eligible Diner to benefit under the Program. The Nominator must submit the name, postal address, phone number and digital location (Yelp review link or diner website address) for the Eligible Diner, as well as a valid email address for the Nominator (collectively, the “Submission”).
4. Entry Requirements: During the Program Period, Administrator will attempt to contact Eligible Diners. Eligible Diner will be asked to provide the information requested by Sponsor and Administrator to validate eligibility. Eligible Diners will have 2 calendar days after Administrator’s attempt to contact to supply the requested information. The first five hundred (500) diners that have been validated (each a “Selected Diner”) will receive a check made payable to the Selected Diner in the amount of $2,000 (the “Offer”). Approximate Retail Value (“ARV”) of Offer: $2,000.
PLEASE NOTE: A Submission does not guarantee that an Eligible Diner will receive an Offer.
Limit: Limit one (1) nomination per email address and one (1) Offer per owner of an Eligible Diner based on the submitted W-9. Multiple Nominators are not permitted to share the same email address and only one Eligible Diner per owner per address will be selected. Any attempt by any Nominator or owner of an Eligible Diner to obtain more than one (1) Offer by using multiple/different email addresses, identities, registrations and logins, or any other methods will void the Submission and the nominated Eligible Diner may be disqualified. The Offer will be fulfilled approximately 8-10 weeks after the conclusion of the Program. Total ARV of Offers: $1,000,000. Owner of Selected Diner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with receipt and use of the Offer, including, without limitation, all federal, state and local taxes on the Offer. Owner of Selected Diner will be issued an IRS Form 1099 for the actual retail value of the Offer.
5. Sponsor: Kraft Heinz Foods Company, 200 E Randolph, Chicago, IL 60601.
Administrator: Arrowhead Promotion and Fulfillment Co., Inc., 1105 SE 8th Street, Grand Rapids MN 55744. Together the Sponsor and Administrator are the “Program Parties”.
6. Release: By receipt of the Offer, owner of the Selected Diner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Program or receipt or use or misuse of the Offer.
7. Publicity: Nominating an Eligible Diner and acceptance of the Offer shall constitute agreement and consent by each Nominator and owner of a Selected Diner, respectively that Sponsor and its designees may use the Submission, name, city, state, likeness, photo, and/or information about the Nominator and owner and the Selected Diner in connection with the Program for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, social media platforms, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Program or to be acting in violation of these Official Rules or any other promotion or in a disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Rights in Submissions: In consideration of Nominator’s Submission and the Selected Diner being reviewed, evaluated and selected for this Program, Nominator and owner of the Selected Diner, respectively hereby grant to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, edit, delete or display such Submission and reasonable documentation requested from the owner of the Selected Diner, including any requested photos related to the Eligible Diner, or any portion thereof (“Material”), in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without limitation and without any further right of approval or compensation. Each Nominator and owner of a Selected Diner authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize the Material, for eternity and in any manner they see fit and to make derivative works from such Material. Each Nominator and owners of the Selected Diner agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees and shall be freely assignable by Sponsor and that the Program Parties and their assignees and licensees shall have no obligations whatsoever to Nominator or the owners of the Selected Diner. Sponsor is not obligated to use any of the above-mentioned information or Materials but may do so and may edit such information or Materials, at Sponsor’s sole discretion, without further obligation or compensation. Each Nominator and owner of a Selected Diner releases the Program Parties, the Released Parties, and each of their respective assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Nominator and owner of a Selected Diner agrees and acknowledges that participation in the Program, including, without limitation, the Nominator’s decision to provide the Submission to Sponsor for purposes of the Program, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Program Parties or Released Parties and Nominator, does not place the Program Parties or Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Nominator’s Submission, and that the only contracts, express or implied, between the Program Parties, Released Parties and entrant are as set forth in these Official Rules. In addition, by participating in the Program, each Nominator and owner of a Selected Diner hereby grant permission for the Program Parties to use the name, likeness, voice, quotes, comments, biographical information, and/or image of the Nominator and the owner of a Selected Diner for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the registration process or the Program; (4) technical or human error which may occur in the administration of the Program or the processing of registrations; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program.
11. Waiver: By participating in this Program, participants (and their parents/legal guardians) waive all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter. 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 Nominator, the owners of a Selected Diner, and Sponsor in connection with this Program, 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 Illinois.
12. Winners List: To request a list of the Program Recipients, send a self-addressed postage-stamped envelope to “Heinz For Diners Program- Recipient List Request,” to 1105 SE 8th St. Grand Rapids, MN 55744.