NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
(a) Generally. Nectar Foods, Inc., dba “Honey Mama’s” (“Honey Mama’s”) has randomly placed twenty (20) winning tickets inside Honey Mama’s™ Oregon Peppermint Cacao-Nectar bars (the “Peppermint Bars”). Upon receipt of a winning ticket, the consumer (the “Participant”) may return the winning ticket to Honey Mama’s in order to receive one (1) package containing six (6) of the Peppermint Bars (the “Sweepstakes”).
(b) No Purchase Necessary. THERE IS NO PURCHASE NECESSARY TO ENTER TO WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. Participant may also complete a simple, free online entry form located here to apply to receive a randomly issued winning ticket, which shall also be a part of the Sweepstakes.
(c) Sweepstakes Time Period. The Sweepstakes begins on May 24, 2019, at 12:00 AM Pacific Standard Time, and ends on November 1, 2019, at 11:59 PM Pacific Standard Time (the “Time Period”).
2. Eligibility. The Sweepstakes is only open to legal residents of the United States of America (“USA”) aged eighteen (18) or older as of the date of entry and is VOID WHERE PROHIBITED BY LAW. Employees of Honey Mama’s, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
3. Agreement to Rules. By participating, Participant agrees to be unconditionally bound by these Official Sweepstakes Rules (these “Rules”), and Participant represents and warrants to Honey Mama’s that Participant meets the eligibility requirements set forth in these Rules. In addition, Participant agrees to accept the decisions of Honey Mama’s as final and binding as such decisions relate to the Sweepstakes and the prizes given to Participants.
4. How to Enter. The Sweepstakes may be entered by purchasing a Peppermint Bar that contains a randomly-placed winning ticket. However, Participants do not need to purchase a Peppermint Bar to receive a winning ticket. As an alternative method of entry, Participants may complete a simple, free online entry form (the “Online Entry”) located online here to apply to receive a randomly-issued winning ticket, which shall also be a part of the Sweepstakes. The Online Entry must fulfill all Sweepstakes requirements, as specified, to be eligible to receive a ticket. Any Online Entry that does not adhere to these Rules may be disqualified at the sole discretion of Honey Mama’s. Participants entering the Sweepstakes may only submit one (1) Online Entry and must provide all of the requested information. Participants may not enter more than one (1) Online Entry; and multiple Online Entries using multiple email addresses, identities or devices in an attempt to circumvent these Rules shall disqualify Participant. If a Participant uses fraudulent methods or otherwise attempts to circumvent these Rules, Participant’s submission may be removed from eligibility at the sole discretion of Honey Mama’s.
5. Prizes. There will be a total of twenty-two (22) winning tickets issued. Twenty (20) boxes will contain winning tickets; and Honey Mama’s will accept the first forty-seven (47) Online Entries and will randomly select (2) winners from such entries. Winners in receipt of a winning ticket will receive one (1) package containing six (6) Peppermint Bars, with an approximate retail value of $40.00 U.S. Dollars. Actual/appraised value may differ at the time of the prize award. No cash or other prize substitution is permitted except at Honey Mama’s discretion. The prizes are non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. No substitution of the prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of the prize constitutes permission for Honey Mama’s to use a winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds. The odds of winning are approximately 2:47.
7. Winner selection and notification. Winners of the Sweepstakes will be determined by (a) the random purchase of a Peppermint Bar containing a randomly-placed winning ticket or (b) by random selection of such Participant’s Online Entry and notification by written email notice to the email address provided by Participant in the Online Entry form. Honey Mama’s shall have no liability for a winner’s failure to receive notices of ticket entries due to winner’s spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, or fails to claim the prize within fifteen (15) days from the time the award notification was sent, the prize may be forfeited and an alternate winner may be selected in the sole discretion of Honey Mama’s. The receipt by a winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AS DETERMINED IN HONEY MAMA’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by Participant. By entering the Sweepstakes, Participant understands and agrees that Honey Mama’s, anyone acting on behalf of Honey Mama’s, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, a winning Participant’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Additional Terms. Honey Mama’s reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in Honey Mama’s sole discretion) a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Honey Mama’s may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Honey Mama’s. Honey Mama’s reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Rules. Honey Mama’s has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by a Participant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Honey Mama’s reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes via the Online Entry form Participant agrees to receive email newsletters periodically from Honey Mama’s. Participant can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability. By entering the Sweepstakes, Participant agrees to release and hold harmless Honey Mama’s and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant’s participation in the sweepstakes and/or Participant’s acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion of the Sweepstakes; or (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF OREGON, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Sweepstakes, Participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Oregon having jurisdiction. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIMS TO PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES, OTHER THAN PARTICIPANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES), AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
12. Winners List. After the Time Period for the Sweepstakes closes, if a Participant wishes to obtain a copy of the winners’ names or a copy of these Rules, a Participant may request such list in writing, along with a stamped, self-addressed envelope. Such request must be sent to: Honey Mama’s, 2030 N. Williams Avenue, Portland, OR 97227 USA. Requests must be received no later than December 1, 2019.
13. Sponsor. The sponsor of the Sweepstakes is Nectar Foods, Inc., dba Honey Mama’s, 2030 N. Williams Avenue, Portland, OR 97227 USA.