Nestle HealthCare Nutrition – 7-Day Breakfast Challenge – Win 1 of 30 prizes valued at up to $799
CARNATION BREAKFAST ESSENTIALS® 7-DAY BREAKFAST CHALLENGE SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED BY LAW.
The Carnation Breakfast Essentials® 7-Day Breakfast Challenge (“Sweepstakes”) is sponsored by Nestlé HealthCare Nutrition, Inc., 12 Vreeland Road, Florham Park, NJ 07932 (“Sponsor”).
1. SWEEPSTAKES PERIOD AND ENTRY PERIOD: The Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on January 31, 2016 and ends at 11:59:59 PM ET on February 29, 2016 (“Sweepstakes Period”). Each calendar day during the Sweepstakes Period will be a separate “Entry Period.” A “calendar day” starts at 12:00 AM (midnight) ET and ends at 11:59:59 PM ET each day during the Sweepstakes Period. Entries into an Entry Period will not carry forward into future Entry Periods. The Administrator’s computer is the Sweepstakes’ official clock.
2. ELIGIBILITY: The Sweepstakes is offered only to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Catapult Integrated Services, LLC, the independent agency administering this Sweepstakes (“Administrator”), and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. This Sweepstakes is void in Guam, Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions, overseas military installations, and wherever else it is prohibited or restricted by law. All federal, state, and local laws apply.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. If an Entrant participates via a mobile device, Message and Data Rates may apply. Not all cellular phone providers carry the service necessary to participate in this Sweepstakes through a mobile device. Please check your mobile device’s capabilities for specific web enabled browsing instructions and pricing plans. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of the Sweepstakes, an Entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible entrant may only enter the Sweepstakes by visiting www.CarnationBreakfastChallenge.com (“Website”) and entering his/her complete birthdate on the age gate. After entering his/her age, if it is the first time that the person enters the Sweepstakes, he/she will be taken to a registration page where he/she will be required to provide his/her complete first and last name (no initials), street address (no P.O. box), city, state, Zip Code and agreement to these Official Rules. After completing registration, an Entrant may return daily to the Website and enter just his/her date of birth and then valid e-mail address.
After completing registration, the Entrant will be taken to a dashboard page where he/she will be required to select and complete a mission from the twenty-nine (29) different missions on each entrant’s dashboard page. The first completed mission of each Entry Period will earn the user one (1) Sweepstakes entry. Upon completion of this qualifying mission, his/her mission landing page will indicate which mission has earned a Sweepstakes entry. Registered users are able to complete unlimited missions that same day or in another Entry Period during the full Sweepstakes Period (1/31/16 – 2/29/16) but will only receive one (1) Sweepstakes entry per Entry Period regardless of how many missions are completed in a day during the Sweepstakes Period. The same mission could be completed for different Entry Periods except no more than five (5) “Send Breakfast to a Friend” mission could be repeated for five (5) separate Entry Periods during the entire Sweepstakes Period. The “Send Breakfast to a Friend” mission qualifies an Entrant for one (1) Sweepstakes entry in an Entry Period (up to five (5) separate Entry Periods) by providing a friend’s or family member’s email address, which will trigger an email invitation from Sponsor to the friend/family member to enter the Sweepstakes. The friend or family member will have the option to elect to participate in the Sweepstakes or receive other information from Sponsor. Entrants should only invite people they know and who they think would want to receive the invitation – no spamming.
4. BONUS ENTRIES: An Entrant may only receive bonus entries after registering for the Sweepstakes as set forth in Section 3 of these Official Rules. For each Entry Period, only one of the below described methods of gaining bonus entries is allowed. Therefore, the maximum entries in each Entry Period is six (6) entries.
A. Upload a Receipt of a Qualifying Purchase. During the Sweepstakes Period, an Entrant may purchase any one (1) Carnation Breakfast Essentials® Nutritional Product excluding sample sizes and single serving (a “Qualifying Purchase”). An image of a receipt showing the Qualifying Purchase, including the date of the Qualifying Purchase, must be uploaded on the Website during the Sweepstakes Period. The Entrant must follow the on-screen prompts to upload a photograph or .PDF of the original register receipt showing the Qualifying Purchase. Each Entrant should circle the Qualifying Purchase item on the original receipt. The file must be in .JPEG, .JPG, .GIF, or .PDF format and may not exceed 5 MB. An Entrant will receive five (5) additional entries into the Sweepstakes for each properly uploaded receipt of a Qualifying Purchase. The five (5) additional entries will apply to the Entry Period on the date that the Qualifying Purchase is properly uploaded. No more than one (1) Qualifying Purchase receipt per calendar day or Entry Period during the Sweepstakes Period. Receipt of qualifying purchase must be dated within the Sweepstakes Period to qualify for the additional entries. Each receipt with a qualifying purchase may be submitted only once during the Sweepstakes Period.
B. How to Receive Bonus Entries without Making a Qualifying Purchase: An eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 31⁄2″x5″ card (“Mail-In Entry”) and mail it (without an outer mailing envelope) with sufficient postage to: the Carnation Breakfast Essentials®7-Day Breakfast Challenge Sweepstakes, 5 Bonus Entries, PO Box 251328, West Bloomfield, MI 48325. Each Mail-In Entry is worth five (5) additional entries. The Entrant can chose the Entry Period on which the additional entries will apply by putting that date on the Mail-In Entry. For example, if the Entrant wants the additional entries to be entered into the Sunday, February 14, 2016 Entry Period, the Entrant can write February 14 on his/her Mail-In Entry. If a Mail-In Entry does not have a date on it, then the date
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of the Mail-In Entry’s post mark will be the Entry Period in which the additional entries will be made. All Mail-In Entries must be postmarked no later than the date of the Entry Period for which the Entrant wants the bonus entries to apply, and received on or before ten (10) days after the end of the Sweepstakes Period, in order to be eligible for the respective Entry Period Drawing.
Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Entries sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries.
5. ENTRY LIMITS: Entrants may receive up to six (6) entries for each Entry Period by completing a mission (one (1) entry maximum per Entry Period) and uploading a qualifying receipt or via Mail-In Entry (five (5) entries maximum per Entry Period) for a maximum of one hundred eighty (180) entries throughout the Sweepstakes Period:
6. RANDOM DRAWINGS: On or about March 10, 2016, Administrator will select one (1) potential winner for each Entry Period from among all eligible entries received for that Entry Period. Each winner is deemed to be a potential winner, pending verification of the Entrant’s eligibility and compliance with these Official Rules as determined by Sponsor or Administrator, in their sole and absolute discretion.
7. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Prizes (30): Each Entry Period winner will receive one of the prizes (a “Prize”) from the list of Prizes attached as Attachment A to these Official Rules as determined by the Sponsor in its sole and absolute discretion. No more than one (1) Prize will be awarded for each Entry Period. There are a total of thirty (30) Entry Periods throughout the Sweepstakes Period, one for each calendar day during the Sweepstakes
B. ARV: The ARV of each Prize is shown on Attachment A.
C. Odds of Winning: The odds of winning the Prize depend on the number of eligible Sweepstakes
entries received during each Entry Period.
8. HOW TO CLAIM A PRIZE: Each potential winner will be notified via e-mail by Administrator at the e-mail address provided at the time of registration (the “Notification”). If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a Prize, or in the event that each potential winner fails to reply to the Administrator’s e-mail within ten (10) days after the e-mail is sent to the potential winner, the Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries in the applicable Entry Period, as determined by Sponsor in its sole discretion.
Note that if the ARV of the Prize exceeds $600, the potential winner will be required to complete execute and return to the Administrator an Affidavit of Eligibility and Liability Release and a tax acknowledgment form (“Documents”) which will be sent with the Notification. If the potential winner is a minor in his/her jurisdictional residence, the parent or legal guardian will be required to sign the Documents. The completed Documents must be signed and notarized, where applicable, and returned to Administrator for receipt within three (3) calendar days from the date it was sent to the potential winner or the Prize may, in Sponsor’s sole and absolute discretion, be forfeited.
Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered emails, including without limitation e-mails that are not received because of a
© 2016 Nestlé HealthCare Nutrition, Inc.
winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a Prize is non-assignable, non-transferable and no Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of a Prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor will attempt to mail the Prize approximately 6 – 8 weeks from verification of winner’s eligibility. Sweepstakes Entities shall not be held responsible for any delays in awarding the Prize for any reason. Each Prize will only be awarded to a verified winner.
All federal, state, and local taxes imposed on the acceptance of a Prize are solely the responsibility of each winner.
9. LIMITATION OF LIABILITY: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, programming, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or
© 2016 Nestlé HealthCare Nutrition, Inc.
proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more than more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.
Without limiting the foregoing, everything regarding this Sweepstakes, including each prize, 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.
10. DISPUTES: IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
12. PUBLICITY RIGHTS: By accepting the Prize, each winning Entrant agrees to allow the Sponsor and/or the Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
13. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any Entrant found or suspected, in
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their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each Entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
14. WINNER LIST: For the names of winners, send a self-addressed, stamped envelope postmarked after February 29, 2016, to: “Carnation Breakfast Essentials® 7 Day Challenge”, PO Box 251328, West Bloomfield, MI 48325. Winners list requests must be received by April 29, 2016.
© 2016 Nestlé HealthCare Nutrition, Inc.
Prize Cost QTY TOTAL
￼￼￼￼￼￼￼Personal Fitness Tracker
Personal Action Capture Video Camera
Professional-Style Blender Tablet Computer Digital Camera
CBE for Year**
$250 Gift Card*
$500 Gift Card* $1000 Gift Card*
$ 249.95 4 $ 500.00 4 $ 469.00 4 $ 799.99 4 $ 649.99 4 $ 415.48 4 $ 250.00 3 $ 500.00 2 $ 1,000.00 1
$ 999.80 $ 2,000.00 $ 1,876.00 $ 3,199.96 $ 2,559.96 $ 1,661.92 $ 750.00 $ 1,000.00 $ 1,000.00
￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼Prize ARV Total 30 $ 15,087.64
* Consumers can choose between Walmart or Amazon gift card
** Free Carnation Breakfast Essentials for a year”– awarded in the form of ONE (1) coupon per week for ONE (1) FREE Carnation Breakfast Essentials® Nutritional Product (excluding sample sizes and single serving, up to $7.99) for 52 weeks.”
© 2016 Nestlé HealthCare Nutrition, Inc.
© 2016 Nestlé HealthCare Nutrition, Inc.