Entenmann's® Sweet Memories Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
The Entenmann's® Sweet Memories Sweepstakes (the “Sweepstakes”) starts on May 1, 2020 at 9:00 a.m. Eastern Time (“ET”) and ends on May 31, 2020 at 11:59 p.m. ET (“Sweepstakes Period”). Entries not received within the Sweepstakes Period will be void.
Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at time of entry. Employees, officers, and directors of Bimbo Bakeries USA, Inc. (“Sponsor”), its respective parent companies, subsidiaries, affiliates, distributors, promotion and advertising agencies, and members of their immediate families (spouse and parents, children and siblings and each of their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
HOW TO ENTER:
During the Sweepstakes Period:
Visit the Entenmann’s Official Facebook page at www.facebook.com/Entenmanns (the “Official Facebook”) and locate the Sweepstakes timeline post specified by Sponsor. Then, comment on the official Sweepstakes timeline post that describes your sweet Entenmann’s memories over the years to receive one (1) entry.
Social media comments will hereafter be collectively referred to as
“Entries,” each an “Entry”. The content of your Entry will not be judged and will therefore not increase or decrease your chances of winning a Prize. All Entries must be received by May 31, 2020 at 11:59 p.m. ET to be considered. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. Limit of one (1) entry per person using only one (1) Facebook account throughout the Sweepstakes Period. You may only use one (1) Facebook account to enter the Sweepstakes. Any entries received from any person or Facebook account in excess of the limitation stated above will be void.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is in one of the following file formats: MOV, MP4 (MPEG4), AVI, WMV, 3GP, MPEGPS, WebM;
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
The Sponsor reserves the right to reject any Entry, which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.
Entry must be in English, be responsive to the Sweepstakes call-to-action, be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person or any third-party who is identifiable in an Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry entrant warrants and represents that he/she and the person or third-party who is identifiable in the Entry consent to the submission and use of the Entry in the Contest Sweepstakes and to its use as otherwise set forth herein.
By submitting an entry, entrant hereby grants permission for the entry to be posted on the Official Facebook or other Sponsor websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and may remove any posted entry at any time.
One (1) potential prize winner will be selected in a random drawing held on or about June 5, 2020 from among all eligible entries received throughout the Sweepstakes Period. Odds of winning the prize will depend upon the total number of eligible Entries received throughout the Sweepstakes Period. Random drawing will be conducted by Sponsor, whose decisions are final on all matters relating to this Sweepstakes. Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes.
Potential winner will be notified by Sponsor via email, Facebook comment or direct message and will be required to respond to Sponsor within three (3) days from date of initial notification. Potential winner may be required to execute and return an affidavit of eligibility, a liability release, an IRS W-9 Form and, where lawful, a publicity release. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact potential winner or potential winner is not in compliance with these Official Rules, such prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. If winner is at least 18 but still considered a minor in his/her jurisdiction of residence, winners’ parent or legal guardian will be responsible for fulfilling any/all requirements to accept prize on minor’s behalf.
Prize consists of a three (3) month supply of Entenmann’s® products, awarded in the form of twelve (12) coupons, each redeemable for one (1) product up to $7.00 in value. Approximate Retail Value (“ARV”) of each Prize package: $84.00
The total value of a coupon must be redeemed at one (1) transaction. Any unused balance will not be awarded. Coupons must be surrendered at time of redemption. Coupons are subject to certain terms and conditions specified by Sponsor. Coupons expire on date specified on each coupon. Coupons may not be used online or in conjunction with any other offer or discount. Valid only in the U.S.A. and are void where prohibited. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of each winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.
By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Facebook, their respective subsidiaries, affiliates, distributors, promotion and advertising agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of any prize; and (c) to the use of his/her name, voice, entry, performance, photograph, prize information, image, and/or likeness for programming, advertising, publicity, trade, and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor, its affiliates and agencies, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, participant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which either may withhold in its sole discretion.
LICENSE/USE OF ENTRIES:
By submitting an Entry, entrant hereby grants permission for the Entry to be posted at www.facebook.com/Entenmann’s and on Sponsor’s social media platforms or other websites and used in press materials. Entrant agrees that Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time. By submitting an Entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, social media post, and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or social media posts or comments, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries or social media posts or comments, the announcement of the prize and winner, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) and, if terminated, at its discretion, select the potential winner in a random drawing from among all non-suspect, eligible entries received prior to action taken. In the event of a dispute regarding entries received from multiple users having the same email address, the authorized subscriber of the email address at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned to the applicable email account by the email service provider.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, USA.
For the name of the winner (available after June 15, 2020) send a self-addressed, stamped envelope to: Entenmann's® Sweet Memories Sweepstakes, 255 Business Center Dr, Horsham, PA 19044
Bimbo Bakeries USA, Inc., 255 Business Center Drive, Horsham, PA 19044.