Mondelez Global – 2022 Nabisco Back To School Sweepstakes

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2022 NABISCO BACK TO SCHOOL PROMOTION
OFFICIAL RULES
NO PURCHASE OR SCAN NECESSARY
MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA (“D.C.”),
AND PUERTO RICO, 13 YEARS OF AGE AND OLDER ONLY
This promotion (“Promotion”) is in no way sponsored, endorsed, or administered by, or associated
with, Twitter or Facebook. Twitter and Facebook are not affiliated with the Sponsor in any way.
This Promotion consists of both the instant win game (“Instant Win Game”) and the sweepstakes
(“Sweepstakes”) described in these Official Rules. Promotion begins at 12:00 am Eastern Time
(“ET”) on July 1, 2022 and ends at 11:59 pm ET on October 31, 2022 (“Promotion Period”). For
purposes of this Promotion, each “day” begins at 12:00 am ET and ends at 11:59 pm ET.
1. TO ENTER AND PLAY: There are two (2) ways to enter/play: A.) Scan a Qualifying
Product Package with your Device: During the Promotion Period, you may purchase specially-
marked 12 packs of Oreo Mini, Ritz Bits Cheese, Chips Ahoy! Mini, or Mini Nilla (each, a
“Qualifying Product”). Using your smart phone or other web-enabled device (“Device”), “scan” the
Qualifying Product packaging by pointing the camera on your Device at the quick response (“QR”)
code located on the packaging of each Qualifying Product. Standard message rates and data
charges apply. Once the code is recognized, follow the instructions to open the mobile web page
at www.pokemon.com/nabiscobacktoschool. Then following the links and instructions to go to the
promotion website at www.nabiscobacktoschool.com (“Website”). On the promotion Website,
follow the links and instructions to complete and submit the registration form, including providing
a valid email address. You automatically will receive one (1) Sweepstakes entry and one (1)
Instant Win Game play. Follow the links and instructions to play the Instant Win Game and your
Instant Win Game results will be displayed. If you receive an Instant Win Game winning message,
follow the on-screen instructions to claim your prize. Potential winners and Instant Win Game
plays are subject to verification by Merkle Inc. Instant Win Game and Sweepstakes winners will
be determined through random processes (see Rule 3, below).
B.) Visit Microsite from a Desktop Computer: To enter without purchasing a Qualifying Product
or scanning the QR code located on a Qualifying Product, during the Promotion Period, first visit
www.nabiscobacktoschool.com (“Website”). Once on the Website, follow the links and
instructions to complete and submit the registration form, including providing a valid email
address. You automatically will receive one (1) Sweepstakes entry and one (1) Instant Win Game
play. Follow the links and instructions to play the Instant Win Game and your Instant Win Game
results will be displayed. If you receive an Instant Win Game winning message, follow the on-
screen instructions to claim your prize. Potential winners and Instant Win Game plays are subject
to verification by Merkle Inc. Instant Win Game and Sweepstakes winners will be determined
through random processes (see Rule 3, below).
Limit: One (1) Sweepstakes entry and one (1) Instant Win Game play, per day, per email
address/person during the Promotion Period. Use of any robotic, automatic, programmed, or
similar entry method or the use of any means to obtain more than the stated number of
Sweepstakes entries or Instant Win Game plays per day will void all entries/plays and result in
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disqualification. Use of any automated system to participate is prohibited and will result in
disqualification. Released Parties (as defined in Rule 6, below) are not responsible for lost, late,
incomplete, invalid, unintelligible, misdirected or otherwise non-compliant entries or Game plays,
all of which will be disqualified. In the event of a dispute as to any entry/Game play, the authorized
account holder of the email address used to enter/register will be deemed to be the entrant/player
and he/she must comply with these Official Rules. The “authorized account holder” is the natural
person assigned an email address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain associated with the
submitted address. Potential winners may be required to show proof of being the authorized
account holder.
By participating, you (or your parent or legal guardian if you are deemed a minor in the jurisdiction
in which you reside (“Minor”)) agree to abide by and be bound by these Official Rules and the
decisions of the Sponsor and Administrator, which shall be final in all matters relating to this
Promotion.
If you choose to enter using a mobile device/scan a QR code, standard message and data
rates apply in accordance with your personal mobile service plan. Check details of your plan
prior to using a mobile device to enter. A mobile device is not required to enter.
2. ELIGIBILITY: Open only to residents of the 50 United States, D.C., and Puerto Rico 13 years
of age or older at the time of entry, except for employees, officers and directors of Mondelēz
Global LLC (“Sponsor”), Merkle Inc. (“Administrator”), HMT Associates, Inc., their respective
affiliates, subsidiaries and agencies (collectively “Promotion Parties”), and members of the
immediate families (defined as including spouse, biological, adoptive and step-parents,
grandparents, siblings, children and grandchildren, and each of their respective spouses,
regardless of where they reside) or persons living in the same household (whether related or not)
of any of the above. Void where prohibited.
3. WINNER DETERMINATION AND PRIZE CLAIM: SWEEPSTAKES: Administrator will select
the potential Sweepstakes winner in a random drawing from all eligible entries received during
the Promotion Period through both entry methods on or around November 1, 2022. The potential
Sweepstakes winner will be notified by the email address used to enter the Promotion. INSTANT
WIN GAME: There will be a total of five hundred (500) random, computer-generated winning
times during the Promotion Period. If you are the first player to play the Instant Win Game at or
after one of the randomly generated times, you will be a potential instant winner of the prize
indicated (subject to verification).
The potential Sweepstakes prize winner (or his/her parent/legal guardian if winner is a Minor)
must execute and return a Declaration of Compliance, Liability Release and, where permitted by
law, Publicity Release (collectively “Declaration”) within five (5) days of first attempted delivery or
potential winner forfeits the prize and it may be awarded to an alternate winner in a random
drawing from among all remaining eligible entries. Each potential Instant Win Game prize winner
will be required to provide his/her mailing address for prize fulfillment purposes within five (5) days
of first attempted delivery of prize notification or potential winner forfeits the prize and it may be
awarded to an alternate winner in a random drawing from among all remaining eligible
entries/Game plays received. The return of any prize/prize notification as undeliverable may result
in disqualification and the prize may be awarded to an alternate winner in the manner described
above, as determined by Sponsor in its sole discretion. In the event that the potential
Sweepstakes Grand Prize winner or a potential winner of an Instant Win Game First Prize is
disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by
random drawing from among all remaining eligible entries/Game plays. Prizes will be fulfilled
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within approximately 8-10 weeks after the conclusion of the Promotion Period and verification of
winners’ eligibility and compliance with these Official Rules.
4. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):
SWEEPSTAKES: One (1) Grand Prize: Grand Prize includes one (1) locker which will include
two (2) playmats, ten (10) Battle Decks, two (2) figure boxes, four (4) VSTAR Premium
Collections, twenty (20) Sword & Shield Booster Boxes (36-ct.), two (2) Spring 2022 Collector
Bundles, two (2) Sword & Shield Elite Trainer Boxes, seven posters (7) featuring Venusaur,
Charizard, Blastoise, Pikachu, Eevee, Mewtwo, and Mew and three (3) Wall Graphics featuring
Pikachu, Eevee, and Mimikyu. ARV: $3,705.00.
Odds of winning the Sweepstakes prize depend on the number of eligible entries received during
the Promotion Period through both entry methods combined.
INSTANT WIN GAME: Five Hundred (500) First Prizes: One (1) Pokémon TCG Battle Academy
box game. ARV: $20.00.
Odds of winning an Instant Win Game prize depend on the number of eligible Instant Win Game
plays made during the Promotion Period, the timing of such Game plays, and the number of
Instant Win Game prizes available at the time each Game play is made.
The actual value of prizes is subject to price fluctuations in the consumer marketplace based on,
among other things, any gap in time between the date the ARV is estimated for purposes of these
Official Rules and the date the prize is awarded or redeemed. Winner will not receive difference
between actual value and ARV, if any. Limit one (1) Sweepstakes prize and one (1) Instant Win
Game prize, per email address/person. No substitutions or transfers of prizes permitted by
winners except at the discretion of the Sponsor; prizes are not redeemable for cash. Sponsor
reserves the right to substitute a prize (or portion thereof) of equal or greater value if an advertised
prize (or portion thereof) becomes unavailable. All prizes are awarded “as is” without warranty of
any kind, express or implied, on the part of the Sponsor. Winners agree to look to the
manufacturer or supplier of the prize or prize component, and not the Sponsor or Administrator,
for any warranty on the prize or prize component or for any damages arising out of acceptance
or use of the prize or prize component. Total ARV of all prizes: $13,705.00.
5. PUBLICITY: Acceptance of prize shall constitute and signify each winner’s (and his/her
parent’s or legal guardian’s if winner is a Minor) agreement and consent that Sponsor and its
designees may use the winner’s name, city, state, likeness, photo, and/or prize information in
connection with the Promotion for promotional, marketing, advertising or other purposes,
worldwide, in any and all media now known or hereafter devised, including the Internet and social
media platforms, without limitation and without further payment, notification, permission or other
consideration, except where prohibited by law.
6. GENERAL RULES: All income taxes resulting from acceptance of prizes are the responsibility
of the winners. By participating, entrants (and their parents/legal guardians if entrants are Minors)
agree to release and hold Promotion Parties, Facebook, Twitter, and their respective parent
companies, subsidiaries, affiliates, directors, officers, employees and assigns, promotion
agencies and agents (collectively, “Released Parties”) harmless from and against any and all
claims and liability arising out of participation in the Promotion or use or redemption of any prize
(if applicable). Released Parties are not responsible for lost, misdirected, garbled, damaged,
incomplete or late Instant Win Game plays or Sweepstakes entries, or for technical, hardware or
software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate,
incomplete, garbled or delayed electronic communications whether caused by the sender or by
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any of the equipment or programming associated with or utilized in this Promotion, or by any
human error, which may occur in the programming of this Promotion or in the transmission, receipt
or processing of the entries/Instant Win Game plays. If due to a computer programming or other
error, more prizes are claimed than are intended to be awarded in this Promotion according to
Rule 4, the intended number of prizes will be awarded in a random drawing from among all valid
prize claimants. Released Parties are further not responsible for: unauthorized human
intervention in any part of the Sweepstakes entry and/or Instant Win Game play processes, or in
the Promotion generally; incomplete or inaccurate information on Sponsor’s Website whether due
to unauthorized human intervention, equipment failure or malfunction, or other cause; electronic
or human error which may occur in the administration of the Promotion, or announcement of the
winners. In no event will Sponsor be liable for more than the number of prizes stated in Rule 4. If,
in the Administrator’s opinion, there is any suspected evidence of tampering with any portion of
the Promotion, or if technical difficulties compromise the integrity of the Promotion, the
Administrator reserves the right to modify or terminate the Promotion in a manner deemed
reasonable by the Administrator, at the Administrator’s sole discretion. If terminated prior to stated
end date/time of the Promotion Period, the remaining prizes will be awarded in a random drawing
from among all non-suspect entries/Game Plays received as of the date/time of termination. All
federal, state, and local laws apply. Any attempt by any person to deliberately damage the
Website or undermine the legitimate operation of this Promotion may be a violation of criminal
and civil laws 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 (as well as disqualifying such
individual).
7. DISPUTES: Entrant (and entrant’s parent/legal guardian if entrant is a Minor) agrees that: (i)
any and all disputes, claims, and causes of action arising out of or connected with this Promotion
or any prizes awarded shall be resolved individually, without resort to any form of class action,
and exclusively by the United States District Court for the Eastern District of Michigan or the
appropriate Michigan state court located in Oakland County, Michigan; (ii) any and all claims,
judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering this Promotion but in no event attorneys’ fees; and (iii) under no
circumstances will entrant be permitted to obtain awards for and entrant (and entrant’s
parent/legal guardian if entrant is a Minor) 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 entrant’s parent/legal
guardian if entrant is a Minor) and Sponsor in connection with the Promotion, shall be governed
by, and construed in accordance with, the laws of the State of Michigan, without giving effect to
any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction),
which would cause the application of the laws of any jurisdiction other than the State of Michigan.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity
or enforceability of any other provision. In the event that any provision is determined to be invalid
or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and
shall be construed as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements
contained in any Promotion-related materials or notifications and these Official Rules, these
Official Rules shall prevail, govern, and control.
8. PRIVACY POLICY: Information collected from entrants is subject to the Sponsor’s Privacy
Policy https://www.mondelezinternational.com/Privacy-Policy.
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9. WINNER’S NAME: For the name of the Grand Prize winner, please click here. The winner’s
name will be posted after winner confirmation is complete.
SPONSOR: Mondelez Global LLC, 100 Deforest Ave., East Hanover, NJ 07936-2813.
PROMOTION ADMINISTRATOR: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI
48075.