Nestlé USA – Hot Pockets & Instant Brands Sweepstakes

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HOT POCKETS & INSTANT BRANDS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OF PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE
WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES IS OPEN TO LEGAL
RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND SHALL BE
CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS SWEEPSTAKES
IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR DISTRICT OF
COLUMBIA.
AN INTERNET CONNECTION IS REQUIRED AND CONNECTION FEES MAY APPLY.
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER
THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES
ENTITIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES AND
BINDING ARBITRATION.
Sponsor: Nestlé USA, Inc. 1812 N. Moore Street, Arlington, VA 22209 (“Sponsor”).
Administrator: Snipp Interactive, 6708 Tulip Hill Terrace, Bethesda, MD, 20816 (“Administrator”).
Instant Brands, LLC is neither a sponsor nor an administrator of the Sweepstakes.
The Hot Pocket & Instant Brands Sweepstakes (the “Sweepstakes”) is subject to these official rules
(the “Official Rules”), and by entering, Entrant (defined below) agrees to be bound by them and the
decisions of Sponsor and Administrator, which are final and binding in all respects. Administrator’s computer
is the official timekeeping device for entry in the Sweepstakes.
1. Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States or the
District of Columbia, who are at least eighteen (18) years of age, or the age of majority in their
state of residence (which is nineteen (19) in Alabama and Nebraska, twenty-one (21) in Mississippi,
and eighteen (18) in all other states) at the time of entry (each, an “Entrant”). Void where
prohibited or restricted by law. Employees of Sponsor, Administrator, Instant Brands, LLC,
TripleClix, LLC 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 and Administrator, the “Sweepstakes Entities”), and any of
their respective parent and affiliate companies or subsidiaries, as well as the immediate family
(spouse, parents, and step parents, siblings and step-siblings, and children and step-children and
their respective spouses, regardless of where they reside) and household members of each such
employee, whether or not related, 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 Sponsor’s and Administrator’s decisions, which
are final and binding in all matters related to the Sweepstakes.
2. Sweepstakes Period: The Sweepstakes begins at 12:00:01 p.m. Eastern Time (“ET”) on December
05, 2022 and ends at 11:59:59 a.m. ET on December 12, 2022 (the “Sweepstakes Period”). Entries that
are submitted before or after the Sweepstakes Period will be disqualified.
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The Sweepstakes consists of Seven (7) entry periods (each, an “Entry Period”), as outlined in the table
below.
Entry
Period
Starts at
12:00:01
p.m. ET
on
Ends at
11:59:59
a.m. ET
on
Approximate
Drawing Date
1 12/05/2022 12/06/2022 12/06/2022
2 12/06/2022 12/07/2022 12/07/2022
3 12/07/2022 12/08/2022 12/08/2022
4 12/08/2022 12/09/2022 12/09/2022
5 12/09/2022 12/10/2022 12/10/2022
6 12/10/2022 12/11/2022 12/11/2022
7 12/11/2022 12/12/2022 12/12/2022
3. How to Enter: There are two (2) ways to participate in this Sweepstakes:
a. Purchase Entry: During the Sweepstakes Period, purchase one (1) or more Participating Product(s)
(defined below) from any participating retailer (including online retailer) in a single transaction. Thereafter
during any/all Entry Period(s), log on to the website at www.HotPocketsInstantBrands.com where you will
complete the on-screen registration form (including providing a valid email address and a valid home
address (P.O. Boxes are not permitted)) and upload a photo of your purchase receipt that clearly shows
the date and time of the purchase transaction, and Participating Product(s) purchased to receive one (1)
entry into the Sweepstakes (an “Purchase Entry”). Note: Subject to the overall limit on Entries set out
below, you will receive only one (1) Entry per Entry Period using the “Purchase Entry” regardless of the
number of Participating Products purchased in the purchase transaction. Only purchases that include a
Participating Product are valid for entry. Photo must include the entire receipt from top to bottom, including
all four (4) corners. For longer receipts, take picture in sections and attach each image. Be sure that the
store name, date, bar code (if available), items and prices are legible in your image(s). Blurry and/or
unreadable receipt images will be rejected. A list of participating products is set out in Exhibit “A” (each, a
“Participating Product”).
b. Free Online Method of Entry: During any/all Entry Period(s), to participate in the Sweepstakes
without making a purchase, visit HotPocketsInstantBrands.com/AMOE where you will be required to
complete an entry form and register for the Sweepstakes by entering true and accurate information in the
required fields (including providing a valid email address and a valid home address (P.O. Boxes are not
permitted)) and accepting any required terms and conditions to receive one (1) “Free Entry.”
BOTH PURCHASE ENTRIES AND FREE ENTRIES WILL BE REFERRED TO HEREIN AS AN “ENTRY”
OR “ENTRIES.” LIMIT OF ONE (1) ENTRY PER ENTRANT/EMAIL ADDRESS PER ENTRY PERIOD,
REGARDLESS OF METHOD OF ENTRY (I.E., PURCHASE ENTRY OR FREE ONLINE METHOD OF
ENTRY). Non-winning Entries from any Entry Period Drawing will NOT be included in the
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subsequent random drawings. If more than the stated Entry limits are received from the same person,
telephone number and/or e-mail address the Entries may, at Administrator’s or Sponsor’s discretion, be
disqualified. Entrants are prohibited from using more than one (1) email address or multiple identities. If it
is found or suspected that an Entrant is using more than one e-mail address or multiple identities to
participate in the Sweepstakes, then that Entrant, in Administrator’s or Sponsor’s discretion, may be
disqualified. Entries that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late
or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from
the Sweepstakes at Sponsor and Administrator’s discretion. Entries generated by a script, computer
programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries
received through any tampering (cheating) or foul play will render that Entrant ineligible to receive any
prize(s), and may result in Entrant no longer being allowed to enter Sponsor’s other promotions in the
future, at Sponsor’s sole discretion. Subsequent attempts made by the same individual to submit multiple
Entries by using multiple or false contact information or otherwise may be disqualified. The Sweepstakes
Entities are not responsible for technical failures of any kind, including, but not limited to, the malfunctioning
of any wireless network, telephone, computer, computer network, hardware or software or the
unavailability or inaccessibility of any service. The Sweepstakes Entities are not responsible for electronic
communications that are undeliverable as a result of any form of active or passive filtering of any kind, or
insufficient space in Entrant’s device to receive messages. Those who do not follow all of the instructions,
provide the required information in their Entry form, or abide by these Official Rules or other instructions
of Sponsor and Administrator may be disqualified. All materials submitted become the property of Sponsor
and will not be returned. Illegible and/or incomplete Entries and Entries submitted by Entrants who do not
meet the eligibility requirements (including all requirements with respect to age and residence) are void.
You understand that Internet access and device data usage charges and any other charges imposed by
your mobile plan and/or online service may apply when submitting an Entry. Contact your wireless carrier
and/or check your mobile plan for data usage pricing plans and details. In the event of a dispute as to any
Entry, the Authorized Account Holder of the email address used to register for Entry will be deemed to be
the Entrant. The “Authorized Account Holder” is the natural person who is assigned an account by the
Internet access provider, online service provider, or other organization responsible for assigning such
accounts or the account associated with the submitted email address. The potential winners may be
required to show proof of being the Authorized Account Holder.
4. Prizes: Forty-Eight (48) prizes are available to be awarded (each, a “Prize”) during each Entry Period,
each consisting of winner’s choice of one (1) Instant Essentials 4-quart Air Fryer or thirteen (13) coupons,
each redeemable for one (1) free (up to $7.49) 2-pack or 5-pack of HOT POCKETS brand sandwiches.
Terms and conditions apply to use of coupons, including expiration dates. The Approximate Retail Value
(“ARV”) of each Air Fryer Prize is $79.95. ARV of each HOT POCKETS Prize is (up to) $97.37.
The ARV of all Prizes for each Entry Period is (up to) $4,673.76. The ARV is subject to change
based upon current market conditions at the time of Prize fulfillment. Any difference between the ARV
and the actual value, if any, will not be awarded. All Prize details not specified in these Official Rules will
be determined in Sponsor’s sole discretion.
No substitution, exchange, assignment, transfer or cash equivalent of a Prize, or any portion thereof, is
permitted by any winner. Sponsor reserves the right to substitute any Prize for one of equal or greater
value as set forth in these Official Rules. The Sweepstakes Entities shall have no responsibility or obligation
to a winner who is unable or unavailable to, or who does not for any reason, receive, accept or utilize a
Prize.
Shipping at Sponsor’s expense. Each winner acknowledges that once a Prize has shipped, Sweepstakes
Entities have no control over delivery or delivery time, and any loss or theft of a Prize once delivered will
be the responsibility of the winner, and no replacement Prize will be supplied. Costs and expenses
associated with each Prize acceptance and use not specifically stated herein as being provided are the sole
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responsibility of the applicable winner. All federal, state and local taxes (including, without limitation, state
and federal income taxes) and the reporting consequences thereof associated with the use and acceptance
of a Prize is solely the responsibility of each winner. Sponsor and makes no warranties, and hereby disclaims
any and all warranties, express or implied, concerning any Prize furnished in connection with the
Sweepstakes. Any and all warranties and/or guarantees on the Prizes (if any) are subject to the
manufacturer’s terms therefore, and each winner agrees to look solely to such manufacturer(s) for any
such warranty and/or guarantee. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH
PRIZES 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.
Limit: one (1) Prize per Entrant.
5. Winner Selection: On or about the approximate Drawing Date(s) for each Entry Period as set out in
the table in Section 2 above, the “Winner(s)” for such Entry Period will be determined via one (1) random
drawing (each, a “Drawing”), from all eligible Entries received during the applicable Entry Period. The odds
of winning a Prize depend on the total number of eligible Entries received during the applicable Entry
Period.
6. Winner Notification and Prize Delivery: Each Winner is considered a “potential” winner pending
verification of his/her eligibility and compliance with these Official Rules. Each potential Winner will be
notified within twenty-four (24) hours of the applicable Drawing by email which will be sent to the email
address provided at the time of Entry. Prizes will be sent to the mailing address provided at the time of
Entry within six (6) to eight (8) weeks of the applicable Drawing. 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
from the remaining eligible Entries for the applicable Drawing. Sponsor and Administrator are not
responsible for any change of email address or mailing address of any Entrant.
7. Publicity: Except where prohibited by appliable law, each Entrant agrees to allow use of his or her
name, likeness, city and state of residence, and/or biographical information for promotional purposes
(including posting on the Website and on Instant Brands’ and Sponsor’s social media channels), in any and
all media, now or hereafter known, worldwide in perpetuity, without additional compensation or notification
to, or permission from, Entrant. Entrant hereby grants to Sponsor, Administrator, Instant Brands, LLC, and
their affiliates to the extent permitted under applicable law, a non-exclusive, worldwide license to use,
reproduce, modify, adapt, publish, transmit via the Internet, and display Entrant’s Entry, including Entry
information, in whole or in part, solely for the purpose of administering this Sweepstakes.
8. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is
impaired in any way for any reason, including, but, not limited to, fraud, outbreak of widespread illness,
pandemic (including, the coronavirus (COVID-19) pandemic), civil unrest, or other similar occurrence,
technical failures, regularly-scheduled maintenance, virus or other technical problem, the Sponsor may, in
its sole discretion, either: (a) suspend the Sweepstakes to address the impairment, then resume the
Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or modify
the Sweepstakes and award any unclaimed Prizes for the drawing(s) at issue in a random drawing from
among all non-suspect, eligible Entries received for such drawing(s) up to the time of impairment. This
shall be each Entrant’s sole and exclusive remedy in the event the Promotion is so terminated or cancelled.
Only the type and quantity of prizes described in these Official Rules will be awarded. If any provision of
the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules will be
construed in accordance with their terms as if the invalid or unenforceable provision was not contained
therein. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds (i) to have
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tampered with the Entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive
manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior
that will bring such Entrant or the Sweepstakes Entities into disgrace (e.g., including but not limited to, a
person committing acts of moral turpitude, and/or allegations or convictions of any crime); (iv) to have
provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or
(v) to be acting in violation of these Official Rules. Any attempt by any person to undermine or damage the
legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an
attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest
extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute
a waiver of that provision. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN
SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A
WINNER WILL BE IMMEDIATELY TERMINATED.
9. Release and Limitations of Liability: Except where prohibited by applicable law, by participating in
the Sweepstakes, Entrants agree to release and hold harmless the Sweepstakes Parties from and against
any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize,
including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors
related to computers, servers, providers, printers or telephone or network lines; (c) printing errors or human
error; (d) errors in the administration of the Sweepstakes or the processing of registrations; (e) late, lost,
or undeliverable mail; (f) 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 of any Prize; or (g)
any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright
infringement, trademark infringement, or any other intellectual property-related cause of action arising
from or related to the Sweepstakes, the Prizes, or Sponsor’s advertising and marketing related to the
Sweepstakes, Entrants or the winners. Winning a Prize is contingent upon fulfilling all requirements set
forth herein. By participating in the Sweepstakes, each Winner acknowledges that the Sweepstakes Entities
have not and will not obtain or provide insurance of any kind relating to the Prizes. Entrant further agrees
that in any cause of action, the Sweepstakes Parties’ liability will be limited to the cost of entering and
participating in the Sweepstakes and in no event shall the Sweepstakes Parties be liable for attorney’s fees.
Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages. If for any reason an Entrant’s Entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry, if it
is possible. In the event that production, technical, seeding, programming or any other reasons cause more
than the stated number of Prizes as set forth herein to be available and/or claimed for any Entry Period,
Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all
legitimate, un-awarded, eligible Prize claims for such Entry Period.
10. 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 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
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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.
11. Winner List: For the names of the Winners of any Drawing, visit the Website or send an email with
the subject line “Hot Pockets & Instant Brands Sweepstakes” to help@HotPocketsInstantBrands.com by
01/13/2023.
12. Privacy: Any personal 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/. Entrants can read more about their rights, how Participant’s
personal information is used, and how to contact Sponsor, in the Privacy Notice.
Exhibit A: Qualifying Products:
A. Participating Products
Click here for the full list of qualifying products.
ABBREVIATED RULES:
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING. Subject to Official Rules at www.HotPocketsInstantBrands.com. Void Where
prohibited or restricted. Please see Official Rules for Entry details, free method of entry
and limitations. The Sweepstakes begins 12:00:01p.m. ET, 12/5/22, and ends 11:59:59 a.m. ET,
12/12/22 & consists of 7 Entry Periods as outlined in the Official Rules. Open to legal residents of the
50 U.S. or D.C., who are 18+ (19+ for AL and NE, 21+ for MS). 48 Prizes available for each Entry
Period: An Instant Brands Air Fryer or 13 coupons redeemable for HOT POCKETS brand sandwiches.
ARV: up to $97.37. Odds of winning depend on the total number of eligible entries received within
the applicable Entry Period. Limit 1 Entry per person per Entry Period, regardless of method of entry.
Sponsor: Nestlé USA, Inc. 1812 N. Moore Street, Arlington, VA 22209.