Nestlé USA – Hot Pockets Halo Infinite Sweepstakes

Hot Pockets Halo Infinite Promotion
Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE
YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED
STATES, DISTRICT OF COLUMBIA, 18 AND OLDER (OR 19 AND OLDER FOR
RESIDENTS OF AL AND NE). VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE
OFFICIAL RULES.
Eligibility
The Hot Pockets Halo Infinite Promotion (the “Sweepstakes”) is open only to legal
residents of the 50 United States, and District of Columbia who are eighteen (18)
years or older at the time of entry (or 19 or older for residents of AL and NE). No
purchase necessary to enter the Sweepstakes. Employees of Nestlé USA, Inc.,
Brandmovers, Inc., Microsoft Corporation, 343 Industries, a division of Xbox Game
Studios, the makers of Halo game series, participating retailers, Xbox, NRG, 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. The Sweepstakes is subject to all
applicable federal, state, and local laws and regulations. Participation constitutes
entrant’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
Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth
herein.
Sponsor: Nestlé USA, Inc. 1812 N. Moore Street, Arlington, VA 22209
Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.
Sweepstakes Period
The Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on October 1, 2021
and ends at 11:59:59 PM ET on March 31, 2022 (the “Sweepstakes Period”). The
Administrator’s clock is the official timekeeper for this Sweepstakes.
How to Enter
There are two (2) ways to enter this Sweepstakes:
(1) Qualifying Purchase(s):To enter via this method of entry, (i) visit a
participating retail location, (ii) purchase any specially-marked box of Hot Pockets
(“Qualifying Purchase”) between October 1, 2021 and January 31, 2021
(“Purchase Period”) – See Appendix A for list of Qualifying Purchases; (iii) take a
photo of your receipt showing the Qualifying Purchase made during the Purchase
Period (“Photo”), and (iv) visit hotpockets.com/halo (“Website”) to find, complete
and submit the online entry form which includes a section to upload your Photo of
your Qualifying Purchase. Upon Administrator’s receipt of the entry form and
qualifying Photo, entrant will automatically receive one (1) entry into the random
drawing. Message and data rates may apply to Qualifying Purchase/Photo entries
submitted from a mobile device. All Qualifying Purchase entries and Photos must be
received by 11:59:59 PM ET on March 31, 2022.
Or: (2) Email: To enter without making a Qualifying Purchase, send an email with
your first name, last name, email address, telephone number and birth date to
promotions@brandmovers.com with “Hot Pockets Halo” in the Subject line of the
email, to automatically receive one (1) entry into the Sweepstakes. All email entries
must be submitted by 11:59:59 PM ET on March 31, 2022 to be included in the
random drawing. Entries may hereafter be referred to as an “Entry” or
“Entries”.
Limit one (1) Entry per person, per day regardless of the method of entry.
Privacy Policies and Data Collections
Any information collected during an entrant’s participation in this Sweepstakes will
be collected in accordance with the terms of Sponsor’s Privacy Notice. Please review
Sponsor’s Privacy Notice: https://privacy.nestleusa.com. By entering this
Sweepstakes, each entrant agrees that the Sponsor and/or Administrator has the
right to contact the entrant by phone or email at the phone number or email address
provided by entrant, to administer and/or fulfill this Sweepstakes.
Winners Selection
There will be a total of one (1) Grand Prize winner, ten (10) First Prize winners and
fifty (50) Second Prize winners (each referred to individually as a “Winner” and
collectively as the “Winners”). The Winners will be randomly selected by Sponsor or
Administrator on or about April 1, 2022, from among all eligible Entries received
during the Sweepstakes Period. The potential Winners will be contacted by Sponsor
or Administrator either via email or telephone on or about the day they are selected
as a potential winner (the “Winner Notification”). The Winner Notification message
will be sent on or about the day the entrant is selected as a potential Winner.
Sponsor and Administrator decisions as to the administration and operation of the
Sweepstakes and the selection of potential Winners are final and binding in all
matters related to the Sweepstakes. Odds of winning depend on the number of
eligible Entries received during the Sweepstakes Period.
Failure of a potential Winner to respond to the Winner Notification message within
forty-eight (48) hours of notification for any reason may result in disqualification
and an alternate potential Winner may be selected, time permitting, at Sponsor’s
sole discretion. Sponsor is not responsible for any technical issues or a potential
Winner’s failure to receive or respond to any Winner Notification message due to
any technical issue, or due to a potential winner’s spam email, junk email, or other
email security settings.
Verification of Prize Winners
Except where prohibited, a potential Winner may be required to sign and return an
Affidavit of Eligibility, Liability and Publicity Release (“Release”) which must be
received by Administrator, within seven (7) days of the date notice or attempted
notice is sent, in order to claim a prize. If a potential Winner of any prize cannot be
contacted, fails to sign and return the Release or provide any other requested
information within the required time period (if applicable), or the prize is returned
as undeliverable, the potential Winner forfeits his/her prize. Within a reasonable
time after Administrator’s receipt of the Winner’s Release or other required
message response, which must contain prize Winner’s street address located within
the 50 U.S. states, or D.C. Administrator will mail the applicable prize to the Winner.
Sponsor and Administrator are not responsible for lost, late, delayed, mutilated,
damaged, wrong address, or stolen prize sent to the address as provided by each
prize Winner.
Prizes and Approximate Retail Values (“ARV’s”)
One (1) Grand Prize will be awarded consisting of the following: one (1) 75″ Q90
Samsung 4K Gaming TV; one (1) Xbox Series X console; one (1) copy of Halo Infinite
game; one (1) Razer Kaira Pro headset; one (1) 1-year Xbox Game Pass Ultimate; and
a decade worth of Hot Pockets (decade worth of Hot Pockets to be awarded in the
form of check to Grand Prize winner in the amount of $2,080). ARV of Grand Prize:
$5,608.96.
Ten (10) First Prizes will be awarded, each consisting of the following: one (1)
Xbox Series S console; one (1) copy of Halo Infinite game; one (1) Razer Kaira Pro
headset; and a one-year supply of Hot Pockets (consisting of 52 coupons, each
redeemable for one (1) FREE 2-pack of Hot Pockets (up to $3.99)). ARV of First
Prizes: $717.97 each.
Fifty (50) Second Prizes will be awarded, each consisting of the following: – one
(1) Hot Pockets t-shirt and a one-year supply of Hot Pockets (consisting of 52
coupons, each redeemable for one (1) FREE 2-pack of Hot Pockets (up to $3.99)).
ARV of Second Prizes: $228.00 each.
Coupons exclude sales tax. Coupons are subject to the expiration date and terms and
conditions set forth thereon. Microsoft account and internet required to play Halo
Infinite. All prizes and prize components shall be selected and determined by
Sponsor in its sole discretion. Each Winner is solely responsible for any local, state
and federal taxes. Winners are responsible for all taxes and fees associated with
prize receipt and/or use. Total ARV of all prizes is: $24,188.66.
Prize Restrictions and Limitations
All Prizes: All prizes will be awarded provided they are validly claimed by May 31,
2022, after which no alternate potential Winners will be selected, nor unclaimed
prizes awarded. No more than the stated number of prizes will be awarded. Prizes
cannot be used in conjunction with any other promotion or offer. Prizes are subject
to availability, non-transferable, non-negotiable, not redeemable for cash,
non-refundable and no substitution will be made except as provided herein at the
Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize or prize
component for one of equal or greater value for any reason. All taxes (including,
without limitation, state and federal income taxes) and the reporting consequences
thereof associated with the use and acceptance of any prize are solely the
responsibility of each Winner. Grand Prize winner and First Prize winners will be
issued a W-9 IRS Tax Form with the Release and a subsequent 1099 IRS Form for the
actual retail value of their prize. All prizes in connection with the Sweepstakes are
provided “as is” without warranty of any kind, either express or implied, and
Sponsor hereby disclaims all such warranties, including but not limited to, the
implied warranties of merchantability, fitness for a particular purpose and/or
non-infringement. Allow 6-8 weeks for delivery of prizes. Limit one (1) prize per
person.
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 an Entry, creation 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, without
limitation, 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 a
prize.
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 designated end date, Sponsor will (if possible) select the
Winners in a random drawing from all eligible, non-suspect Entries received as of
the date of the event giving rise to the termination. Inclusion in such drawing shall
be each entrant’s sole and exclusive remedy under such circumstances. 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 any other promotion 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 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
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. 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.
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 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 or use or
misuse of any prize. If for any reason an Entry is confirmed to have been erroneously
deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another
Entry in the Sweepstakes, provided that if it is not possible to award another Entry
due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor,
at its discretion, may elect to hold a random drawing from among all eligible entries
received up to the date of discontinuance for any or all of the prizes offered herein.
Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit
or award any unclaimed or leftover prize at its sole discretion.
Disputes/Governing Law
Except where prohibited, each 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.
Publicity
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, hometown and state, 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.
Sweepstakes Winners List
For a list of the Sweepstakes Winners’ names (available after April 30, 2022), send a
hand-printed, self-addressed, stamped envelope to: Winners List, Hot Pockets Halo
Infinite Sweepstakes Winners, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA
30318. Residents of Vermont may omit return postage.
Official Rules
For a copy of these Official Rules, see the Website.
Appendix A
Flavor of Hot Pockets Count/Size
Crispy Buttery Crust Hickory Ham & Cheddar 2 Pack and 12 Pack
Croissant Crust Hickory Ham & Cheddar 2 Pack and 12 Pack
Crispy Crust Pepperoni Pizza 2 Pack and 12 Pack
Garlic Buttery Crust Pepperoni Pizza 2 Pack and 12 Pack