Mckee Foods – Sunbelt Bakery Chattanooga Weekend Getaway Giveaway Sweepstakes

The Sunbelt Bakery® Chattanooga Weekend Getaway Giveaway
(“Official Rules”)
The Sunbelt Bakery® Chattanooga Weekend Getaway Giveaway (the “Giveaway”) is sponsored
by McKee Foods Corporation with offices located at 10260 McKee Road, Collegedale, TN
37315 (“Sponsor”). Sponsor, its subsidiaries and affiliates, and any other companies or agencies
associated with the Giveaway (such as advertising, promotion, fulfillment or judging agencies or
third-party prize suppliers), including, but not limited to, Tennessee Aquarium, together
hereinafter will be referred to as the “Giveaway Entities.” Participation in the Giveaway
constitutes the entrant’s (“you” or “your”) full and unconditional agreement to and acceptance of
these Official Rules, including the decisions and interpretations of Sponsor and/or the judges,
which are final and binding on all matters relating to the Giveaway.
1. NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL
NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL,
STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.
VOID WHERE PROHIBITED BY LAW. Maximum one (1) entry per person per
twenty-four (24) hour period per entry method during the Giveaway Period (as defined
below).
2. Giveaway Dates: The Giveaway begins on Monday, April 4, 2023 at 2:00 PM Eastern
Time (“ET”) (the “Giveaway Start Date”) and ends on Tuesday, October 31, 2023 at
11:59 AM ET (the “Giveaway End Date”). Sponsor’s designated computer is the official
time clock for the Giveaway. The period from the Giveaway Start Date through the
Giveaway End Date is referred to as the “Giveaway Period.”
3. Who Can Enter: The Giveaway is open to all legal residents of the contiguous United
States and the District of Columbia who are at least eighteen (18) years or older (nineteen
(19) years or older for Alabama and Nebraska residents) at the time of entry. Employees
of the Giveaway Entities and their immediate family members (defined as parents,
parents-in-law, children, siblings and spouse (including common law), regardless of
where they reside) are ineligible to enter the Giveaway or to win the Giveaway Prizes (as
defined below). Any other persons with whom such employees are domiciled are also
ineligible to enter the Giveaway or to win the Giveaway Prizes.
4. How to Enter: During the Giveaway Period, you may enter this Giveaway by visiting
www.sunbeltbakery.com/tennesseeaquariumpartnership (the “Website”) and following
the Website’s instructions. You must complete the entry form with all required
information (which will include your full name, email, address, city, country and state of
residence, zip code and telephone number) on the entry form submission page, agree to
these Official Rules and certify your age.
5. Additional Entries: Provided you have already entered the Giveaway by visiting the
Website, you can gain a maximum of one (1) additional entry in each twenty-four (24)
hour period if you share the Website entry link in one or both of the following ways
during such twenty-four (24) period: (i) share the Website entry link on your account(s)
on Twitter (you must be following Sponsor’s Sunbelt Bakery social media account on
Twitter at the same time); or (ii) share the Website entry link via email using the share
feature posted at that link.
6. Limitations on Entry: There is a limit of one (1) entry per person per twenty-four (24)
hour period during the Giveaway Period, except if you qualify for additional entries.
Only one (1) email address may be used per entrant per household. Additional entries are
also limited to one (1) entry per person per twenty-four (24) period per sharing method.
If more than one (1) entry per sharing method is received from an entrant during such
period, only the first entry will be included and later entries for the sharing method in
question will be disqualified. Each potential Prize Winner (as defined below) may be
required to provide valid and legal proof of identification. Use of any automated system
to participate in the Giveaway or subvert the entry process is prohibited and will result in
disqualification and all associated entries will be void. Giveaway Entities will not be
responsible for incomplete, inaccurate, late, or stolen entries or for failure to receive
entries due to transmission failures or technical failures of any kind, including, without
limitation, malfunctioning of any network, hardware or software, whether originating
with sender or Sponsor or other errors or difficulties of any kind whether human,
mechanical, electronic, computer, network, typographical, printing or otherwise relating
to or in connection with the Giveaway, including, without limitation, errors or difficulties
which may occur in connection with the administration of the Giveaway, the processing
of entries, the announcement of the Prizes (as defined below) or in any Giveaway-related
materials. In the event of a dispute over the ownership of an entry, entries will be deemed
to have been submitted by the owner of the ISP account from which they were sent. For
these purposes, an ISP account holder shall mean the natural person(s) assigned to such
ISP account by the Internet access provider, online service provider or other organization
responsible for assigning ISP addresses for the domain associated with such ISP account.
Any questions regarding the number of entries submitted or the owner of an ISP account
shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to
disqualify any entries by persons determined to be tampering with or abusing any aspect
of the Giveaway. The Giveaway is in no way sponsored, endorsed, administered by, or
associated with Twitter.
7. Selection of Winner: Within five (5) business days after the end of the Giveaway Period,
Sponsor will randomly select one (1) winner to win a Grand Prize (the “Grand Prize
Winner”), and ten (10) winners to win a Second Prize (the “Second Prize Winners”) from
all eligible entries received during the Giveaway Period (each, a “Prize Winner” and,
collectively, the “Prizes”).
All decisions concerning the Prizes are solely within the discretion of Sponsor. Odds of
winning depend upon the number of eligible entries received.
Prize Details:
Grand Prize: One (1) Grand Prize consisting of (i) two (2) 2023-2024 Chattanooga
Attractions Pass Certificates; (ii) one (1) Two Hundred Dollar ($200) Visa Gift Card; (iii)
two (2) nights’ hotel accommodations in a Standard Room for two (2) people at The
Chattanoogan Hotel, Curio Collection by Hilton or similar level hotel; (iv) one (1) one
(1) Two Hundred and Fifty Dollar ($250) Visa Gift Card for a car rental; (v) roundtrip
airfare for two (2) people (not to exceed a value of Four Hundred and Fifty Dollars
($450) per person); and (vi) one (1) case of Sunbelt Bakery Chocolate Chip Chewy
Granola Bars (ARV $34.44) (total ARV $2,944.44).
Second Prizes: Ten (10) Second Prizes consisting of one (1) case of Sunbelt Bakery
Chocolate Chip Chewy Granola Bars (ARV $34.44).
Taxes, if any, on Prizes are the responsibility of the Prize Winners. An IRS 1099 will be
issued where required. Prizes are non-transferable, non-exchangeable, have no cash
value (unless required by law), and cannot be substituted or replaced if destroyed, lost,
mutilated, stolen, forfeited or not used. Sponsor makes no warranties concerning the
Prizes. Sponsor reserves the right to substitute alternative prizes or prize elements of
greater or equal value, or to not award any Prize at all, if for any reason any Prize
becomes unavailable due to supply shortage, shipping or manufacturing delays, failures,
closure, health and safety advisories, overcapacity, travel cancellation or delay,
governmental action or other circumstances. Any difference between the stated ARV and
the actual ARV will not be awarded.
In addition to the terms above regarding substitution of Prizes and Prize elements,
entrants acknowledge and agree that due to COVID-19 or similar circumstances beyond
the Giveaway Entities’ reasonable control, the Prizes may not be awardable, and in
addition to the substitution rights of Sponsor above, Sponsor may (but is not obligated to)
substitute a different experiential prize with different components which may or may not
be similar or different to the Prizes described in these Official Rules, and at an
undetermined time and place (which alternate experiential prize is also subject to further
substitution or change due to such circumstances), and which may be of a lesser value
than the announced value of the original Prizes, and any difference in value shall not be
redeemable in cash or other consideration, and entrant shall have no claim to any such
difference in value.
Grand Prize Travel Details
Grand Prize trip will include two (2) nights’ hotel accommodations for two (2) people in
one (1) Standard Room at The Chattanoogan Hotel, Curio Collection by Hilton or similar
level hotel, as selected by Sponsor in its sole discretion; (ii) roundtrip airfare for two (2)
people (not to exceed a value of Four Hundred and Fifty Dollars per person, inclusive of
baggage fees, and airfare taxes and service and processing fees) from a metropolitan
airport close to the Grand Prize Winner’s city of residence within the contiguous U.S. to
Chattanooga, Tennessee; and (iii) one (1) Two Hundred and Fifty Dollar ($250) Visa Gift
Card redeemable towards a three (3) day car rental; and (iv) one (1) Two Hundred Dollar
($200) Visa Gift Card.
Travel is from the contiguous U.S. only. All travel arrangements will be made by a
designated Sponsor representative whose decisions regarding the itinerary are final.
Selection of airline and airport shall be at the discretion of Sponsor or its designee. Grand
Prize Winner and his or her travel companion(s) must have valid travel documents prior
to departure, and failure to do so may result in forfeiture of the Grand Prize. The Grand
Prize Winner is solely responsible for satisfying all legally required conditions of travel.
Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or
delay or any weather or airline issues that prevent the Grand Prize Winner from traveling,
in which event any missed portion of the Grand Prize trip is forfeited in its entirety and
no substitution will be provided. All other fees and expenses not specified above,
including, but not limited to, flight and rental car charges that exceed the stated limits,
meals, beverages, hotel activities, excursions, minibar fees, gratuities, incidentals, service
charges, surcharges, rental car and travel insurance, change-of-ticket fees, unspecified
taxes, airport transfers and other transportation, and hotel taxes and service and
processing fees, are the sole responsibility of the Grand Prize Winner. Business and First
Class upgrades, extra hotel nights, and flight and hotel options for additional guests, may
be available at the time of booking for an additional fee to be covered by Grand Prize
Winner if chosen. Use of frequent flyer miles for upgrades is dependent on specific
ticket restrictions as determined by the airline’s frequent flyer program. Travel must be
booked a minimum of ninety (90) days in advance of travel dates and must be completed
by October 31, 2024. Hotel and attractions and travel dates are subject to opening and/or
availability. Blackout dates apply. The Grand Prize Winner is encouraged to book early.
Final actual value of the Grand Prize may vary at time of booking, and travel may be
more or less depending on point of origin and ticket availability. Any unused portion of
the Grand Prize is not transferable or exchangeable and cannot be redeemed as cash.
The Grand Prize Winner will be subject to third-party terms and conditions governing
elements of the Grand Prize, including, but not limited to, those terms and conditions
governing the use of the 2023-2024 Chattanooga Attractions Pass and the Visa Gift
Cards.
The 2023-2024 Chattanooga Attractions Pass Certificates awarded as part of the Grand
Prize are valid at a number of Chattanooga, Tennessee attractions, including, but not
limited to, Tennessee Aquarium. Tickets to attractions are subject to availability and
advanced reservations may be required. Other conditions may apply.
8. Awarding of Prizes:
If you have won a Prize, you will be contacted within two (2) weeks after the end of the
Giveaway Period by mail or electronic mail, using the contact information provided on
your online entry form, to confirm your entry and eligibility. Prize Winners will be
randomly selected from all eligible entries received during the Giveaway Period.
To be confirmed as a Prize Winner, you will be required to complete and return an
Affidavit of Eligibility and Release form before being awarded your Prize. If any Prize
Winner does not meet all eligibility requirements, has not complied with these Official
Rules, cannot be contacted, does not respond within seven (7) days from the date Sponsor
first tries to notify him/her, does not return the Affidavit of Eligibility and Release form
and/or if the Prize or Prize notification is returned as undeliverable, such Prize Winner
forfeits all rights to claim or receive the Prize and an alternate winner will be selected,
time permitting.
All decisions concerning the Prizes are solely within the discretion of Sponsor. Odds of
winning will depend upon the number of eligible entries received.
By accepting a Prize, the Prize Winner acknowledges compliance with these Official
Rules. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION,
WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS
OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
9. Privacy: All entrants shall be subject to and protected by the Privacy Policy on the
McKee Foods Corporation website, available online at
https://mckeefoods.com/101/privacy-policy (the “Privacy Policy”). By entering the
Giveaway, you acknowledge that you have read and understand the Privacy Policy and
you agree to its terms.
10. Publicity: Acceptance of a Prize constitutes permission for the Giveaway Entities to use
each Prize Winner’s name, likeness, photo, voice and comments for advertising and
promotional purposes worldwide in any media without limitation and without additional
compensation unless prohibited by law.
11. Disqualification: The following are prohibited and will result in automatic
disqualification from the Giveaway: (1) using any method that artificially increases odds
of winning, including without limitation internet bots, web robots, www robots or any
other type of bots; (2) non-compliance with these Official Rules; and (3) any other act
that the Giveaway Entities determine, in their sole discretion, jeopardizes the integrity of
the Giveaway.
12. Release of Liability: By entering the Giveaway, each entrant (a) agrees to be bound by
these Official Rules and the decisions of Sponsor or its designees, which shall be final
and (b) agrees to release and to hold the Giveaway Entities, and their respective parents,
shareholders, directors, officers, employees, representatives, agents, affiliates,
subsidiaries, and legal advisors, and Twitter, harmless against any and all claims, losses,
rights, liabilities and damages, and actions of any kind arising out of their participation in
the Giveaway and/or the acceptance and use of any Prize, including, but not limited to,
arising out of travel to or from or attendance at any attraction. The foregoing release
includes, but is not limited to, personal injury, death, and property damage, and claims
based on publicity rights, defamation, or invasion of privacy. Under no circumstances
shall any of the Giveaway Entities, have any liability or responsibility for: (1) incorrect or
inaccurate entry information, or faulty, failed, garbled or jumbled electronic data
transmissions; (2) any unauthorized access to or theft, destruction or alteration of entries
at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion,
defect, delay in operation or communications line failure, regardless of cause, with regard
to any equipment, systems, networks, lines, satellites, servers, computers or providers
utilized in any aspect of the Giveaway; (4) inaccessibility or unavailability of the Internet
or a Giveaway site or any combination thereof; (5) any injury or damage to a
participant’s or to any other person’s computer, tablet, mobile device or other electronic
device that may be related to or result from any attempt to participate in the Giveaway or
download any materials in the Giveaway; or (6) any typographical error or other error in
these Official Rules or in any other communication relating to the Giveaway. All entries
become the property of Giveaway Entities.
13. Arbitration/Choice of Law: Except where prohibited by law, participants agree that any
and all disputes, claims and causes of action arising out of or connected with this
Giveaway shall be resolved exclusively by arbitration in Richmond, Virginia pursuant to
the Commercial Arbitration Rules of the American Arbitration Association then
effective, and any and all claims, judgments and awards shall be limited to actual out-of-
pocket costs incurred by entrant with regard to this Giveaway, excluding in all events
attorneys’ or other related fees and punitive, exemplary, incidental, consequential or other
damages. All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules or the rights and obligations of entrants and
Sponsor in connection with the Giveaway shall be governed by and construed in
accordance with the laws of the State of Virginia, without giving effect to any choice of
law or conflict of law rules or provisions (whether of the State of Virginia or any other
jurisdiction) that would cause the application of the laws of any other jurisdiction. The
invalidity or unenforceability of any provision of these Official Rules shall not affect the
validity or enforceability of any other provision so long as the general intent of these
Official Rules remains in effect. In the event that any such provision is determined to be
invalid or otherwise unenforceable, these Official Rules shall be construed in accordance
with their terms as if the invalid or unenforceable provision were not contained therein.
14. General Terms and Conditions: Participation constitutes entrant’s full and
unconditional agreement to these Official Rules and Sponsor’s decisions, which are final
and binding in all matters related to this Giveaway. This Giveaway is void where
prohibited by law. The Giveaway is subject to all applicable federal, state, and local laws
and regulations. Winning the Prize is contingent upon fulfilling all requirements as set
forth herein. Sponsor is not liable for any injury or damage to an entrant’s or any other
person’s computer or its contents related to or resulting from participation or
downloading any materials in this Giveaway, or other technical difficulties or failures or
other errors of any kind. Sponsor reserves the right to disqualify persons found tampering
with or otherwise abusing any aspect of this Giveaway as solely determined by Sponsor.
In the event the Giveaway is compromised by a virus, unauthorized human intervention,
tampering or other causes beyond the reasonable control of Sponsor which corrupt or
impair the administration, security, fairness or proper operation of the Giveaway, Sponsor
reserves the right in its sole discretion to suspend, modify or terminate the Giveaway.
Should the Giveaway be terminated prior to the end of the Giveaway Period, Sponsor
reserves the right to award the Prizes based on the nonsuspect, eligible entries received
before the termination date. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY
OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN
ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES
AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Prize Winners’ Names and Official Rules: To obtain the identity of the Prize Winners
and/or a copy of these Official Rules by mail, mail a self-addressed stamped envelope to
Official Rules or Winners’ Names, The Sunbelt Bakery Chattanooga Weekend Getaway
Giveaway, 10260 McKee Road, Collegedale, TN 37315. Mail must be received by 12:00
PM ET on December 31, 2023.