Nestlé – Toll House Cookie Hunt – Win the following one $520 digital UberEATS Gift Card
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. EACH PARTICIPANT AGREES TO THESE OFFICIAL RULES. SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF MARYLAND, VIRGINIA, OR THE DISTRICT OF COLUMBIA. SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN MARYLAND, VIRGINIA, OR THE DISTRICT OF COLUMBIA.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH TWITTER, FACEBOOK, INSTAGRAM.
Sponsor: Nestlé USA, Inc. 1812 N. Moore Street, Arlington, VA 22209.
Sweepstakes Period: The Sweepstakes begins at 12:01 A.M. Eastern Time (“ET”) on May 10, 2021 and ends at 11:59 P.M. ET on May 21, 2021 (“Sweepstakes Period”).
Eligibility: The Nestlé Toll House Cookie Hunt Sweepstakes (“Sweepstakes”) is open to legal residents of the states of MD, VA, or the District of Columbia who are eighteen (18) years of age or older. Void where prohibited or restricted by law. Employees of Nestlé USA, Inc. (“Sponsor”), Uber, The Many Agency, GrassRoots Branding Agency and/or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Sweepstakes (collectively with Sponsor, the “Sweepstakes Entities”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win.
How To Enter: During the Sweepstakes Period, visit https://newbynestle.com/tollhousecookiedelivery (“Website”) locate the pop-up window and follow the instructions to provide your first name, last name, and email address and click “Enter Now” (“Entry”). You can also scan the Quick Response (“QR”) code on Sponsor branded advertising materials using your web-enabled wireless device equipped with a QR code reader application (downloadable for free via the internet) to be taken to the pop-up window on the Website, and then follow the instructions to be entered into the Sweepstakes. Data rates may apply. QR codes are designed to work with all currently available apps and mobile devices, but Sponsor makes no guarantee that any particular app or mobile device that is used will be capable of scanning the QR codes. All Entries must be received by the end of the Sweepstakes Period. Limit one (1) Entry per person/email address for the entire Sweepstakes Period. Sponsor will not be responsible for lost, late, misdirected, delayed, incomplete Entries, or Entries submitted in a manner that is not expressly provided herein, and all such Entries shall be deemed void and ineligible for inclusion in the Sweepstakes. By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final, binding, and conclusive on all matters relating to the Sweepstakes. Those who do not follow all of the instructions, provide the required information in the entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor is not responsible for misdirected email or entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the Entries.
Drawing/Winner Notification: On or about May 24, 2021, Sponsor will randomly select three (3) potential winners from among all eligible Entries received during the Sweepstakes Period. Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period. Potential winners will be notified by email. Sponsor will make two (2) attempts within a twenty-four (24) hour period to notify each potential winner at the email address submitted at the time of his/her Entry. Sponsor is not responsible for a potential winner’s failure to receive a notification email due to a potential winner’s spam email, junk email, or other email security settings. By entering the Sweepstakes, entrants accept and agree to these Official Rules and the decisions of Sponsor, which shall be final. Winner may be required to sign a Winner’s Agreement and Release and return it by the date specified in Sponsor’s notification, or prize will be forfeited in its entirety and another winner may be selected. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or prize is returned as undeliverable, such potential winner may be disqualified and an alternate potential winner may be selected. Sponsor is not responsible for any change of email address of any entrant.
Prizes: Three (3) winners will each receive the following: one (1) five hundred twenty-dollar ($520) digital UberEATS Gift Card (“Gift Card”). Approximate Retail Value (“ARV”) of each prize: $520. Total ARV of all the prizes in the Sweepstakes: $1,560. The value of the prizes is limited only to the dollar amounts mentioned herein. Although Gift Cards funds may not have a date of expiration, in no event will Sponsor provide additional funds for any Gift Card once a Gift Card value is met or fully redeemed. Prizes will be fulfilled within approximately 7-10 days after the notification of the winners.
For the avoidance of doubt, although each winner will receive an UberEATS Gift Card at no cost as his/her prize, the provisions in the Uber Terms of Service regarding Gift Cards shall govern to the extent applicable. The use of the Gift Cards is subject to the terms and conditions set forth thereon, which shall govern the use of the Gift Cards. Use of a Gift Card constitutes the user’s acceptance of the Gift Card terms and conditions, which are available at: https://www.uber.com/legal/en/document/?country=united-states&lang=en&name=uber-cash-terms-of-use.
Each winner must protect the Gift Cards and treat the Gift Cards as he/she would any other valuable document. Gift Cards will not be redeemed or exchanged for cash, except where required by law. Gift Cards will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without a winner’s permission and will be voided if altered or defaced and, for the avoidance of doubt, the Sweepstakes Entities will have no further obligation to winners. No cash equivalent available and prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable. Any portion of any prize not accepted or redeemed by the dates or allotted time set forth on any Gift Card, if any, or unclaimed and/or unused by a winner will be forfeited and will not be substituted and no additional compensation will be provided. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether the prizes, in whole or in part, are used.
Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Privacy: Any information collected during an entrant’s participation in this Sweepstakes will be collected by Sponsor in accordance with the terms of Sponsor’s Privacy Notice. Please review Sponsor’s Privacy Notice: https://privacy.nestleusa.com/.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the end date and time, Sponsor may (if possible), in its sole and absolute discretion, randomly select one (1) potential winner from among all eligible, non-suspect Entries received as of the date and time of the event giving rise to the termination. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Only the type and quantity of prizes described in these Official Rules will be awarded. 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 in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Automated entries are prohibited, and any use of automated devices will cause disqualification. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
Limitations of Liability: The Sweepstakes Entities as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) any liability, loss, injury, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt, possession, or use or misuse of any prize.
Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winners or for any disputes arising from the loss or injury from the redemption of a prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in Arlington County, VA under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Virginia state or federal court judge with experience in entertainment matters who shall follow Virginia law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Arlington County, VA including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Arlington County, VA. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Arlington County, VA; (iii) 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 (iv) 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 Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.
Sweepstakes Winners List: For the names of the winners of the Sweepstakes (available after June 7, 2021) send a request via email to firstname.lastname@example.org. All such requests must be received by July 7, 2021.