NO PURCHASE, SCAN OR STORE VISIT NECESSARY TO PARTICIPATE OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. PROMOTION PERIOD/ENTRY PERIODS: The “Chase the Chocolate Checkpoints” Instant Win Promotion (the “Promotion”) starts at 12:00:01 a.m. Eastern Time (“ET”) on 4/15/24 and ends at 11:59:59 p.m. ET on 9/30/2024 (the “Promotion Period”). The Promotion consists of one hundred sixty-nine (169) entry periods (each, an “Entry Period”). For the purposes of this Promotion, an Entry Period is defined as the 24-hour time period from 12:00:01 AM ET through 11:59:59 PM ET, further set forth in Section 3 of these Official Rules. The Administrator’s server shall be the official timekeeper for the Promotion.
2. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and the age of majority in their state of residence as of date of Promotion play. Employees of Ferrero U.S.A., Inc. (the “Sponsor”), Berlin Productions (“Administrator”) and each of their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void in Puerto Rico and where prohibited by law. All federal, state and local laws and regulations apply.
3. HOW TO ENTER: There are two ways to access the Website (defined below) to enter the Promotion during the Promotion Period:
Once on the Website, enter your email address, preferred retailer from the drop-down menu and any other required information and accept the Promotion terms and conditions to enter the Promotion (“an Entry”). Upon successful completion of Entry, click the “Capture the Prize” button on the screen for a chance to win a Promotion prize. After clicking the button, if you are notified that you are a potential winner of a prize, you will be prompted to provide/confirm additional contact information in order to claim the prize. If you do not provide your contact information when prompted or within one (1) hour of receiving such prompt, the prize will be forfeited and may be awarded to an alternate winner. All potential winners are subject to verification before any prize will be considered awarded for the respective Entry Period. A potential winner becomes a “winner” only after verification of eligibility by Administrator. All on-screen win notifications are subject to verification and confirmation by Administrator. Administrator is responsible for the functionality of the Website and will be the official timekeeper, whose decisions are final regarding Entry and validation of prize claim(s). If during any Entry Period a prize winner is not confirmed by 11:59:59 PM ET, the prize(s) for that Entry Period may not be awarded. If a Tier 1 prize (as defined below) is not awarded during its respective Entry Period, Sponsor may elect to roll over only the one (1) Tier 1 prize to the next Entry Period. Limit one (1) Entry per person/email address per Entry Period. For the purposes of this Promotion, an Entry Period is defined as the twenty-four (24) hour time window between 12:00:01 AM ET and 11:59:59 PM ET. During each Promotion Period, Entries must be completed by 11:59:59 PM ET. Any Entry using multiple/different email addresses, mailing addresses, identities, registrations and logins, or any other methods will void such Entry and that entrant may be disqualified. Use of any robotic, repetitive, programmed, automated or computer system to participate online is prohibited and will result in disqualification. Those who do not follow all of the Entry and/or prize claim instructions, do not provide the all required information in their Entry form, or do not abide by these Official Rules or follow other instructions of Sponsor or Administrator may be disqualified. Normal message/phone/Internet access and data/usage charges imposed by your online/phone service may apply. All on-screen win notifications are subject to verification and confirmation by Administrator. Receipt of Entry may be acknowledged, but such acknowledgment does not constitute any representation as to eligibility. Entrants must have a valid email address. Mailing address of entrant may be required for prize shipment. Mailing address must be a U.S. physical address (no P.O. Boxes).
4. VERIFICATION/WINNER NOTIFICATION: All winners are subject to confirmation, verification of eligibility by Administrator and compliance with these Official Rules in Sponsor’s sole discretion. Return of any Promotion message, notification or prize as undeliverable may result in disqualification and alternate selection. In the event that a potential Promotion winner is disqualified for any reason or if due to an error of any kind, more potential winners are determined as instant winners, or more instant win prizes are claimed than are intended to be awarded, the intended instant win prize(s) will be awarded in a random drawing from among all verified instant win prize claims received (odds of such drawing will depend upon the number of eligible entrants). In no event will the Sponsor be obligated to award more than the stated number of prizes. Verified winners will have their prize either emailed or mailed to the address provided at the time of prize claim within 6-8 weeks, as applicable. Return of any prize as undeliverable will result in disqualification and forfeiture of prize. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Sponsor is not responsible for any prize shipment that is damaged, lost, stolen, delayed, or otherwise impacted in transit or upon delivery.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): There will be up to one hundred (100) prizes available to be awarded per Entry Period during the Promotion Period as follows: up to one (1) Tier 1 prize (as defined below), up to nineteen (19) $25 retailer e-gift cards, and up to eighty (80) free product coupons. Prizes are randomly time-seeded each Entry Period, throughout the Promotion Period and awarded to the entrant who plays on or after the time the prize is randomly seeded. Odds of winning depend on the number of eligible Entries received and the order in which such Entries are received. Prize Details: a total of the following prizes are available to be won during the entire Promotion Period: sixty-five (65): a State Bicycle Co. Klunker bicycle with frame bag co-branded with Crunch® or Butterfinger®. Some assembly may be required. Approximate Retail Value (“ARV”): $450.00, thirty-four (34): a Kinder® Chocolate branded cornhole set, ARV: 235.00, fifty (50): a Baby Ruth® branded slip n slide. Some assembly required. No inflation pump included. ARV: $185.00, twenty (20): a Kinder® Bueno branded Igloo® 60qt. roller cooler cube, ARV: $125.00, three thousand, two hundred eleven (3,211): a $25 retailer e-gift card (e-gift card awarded will be that of the preferred retailer chosen by entrant during the Entry and/or prize claim process and use of e-gift card is subject to the terms & conditions of the issuer), ARV: $25.00 ea. and thirteen thousand, five hundred twenty (13,520): a digital coupon valid for one (1) free package of Ferrero chocolate candy (participating products only) with a maximum value of $3.00. ARV: $3.00 ea. Digital coupon will be emailed to the email address provided during the Promotion Entry process. A mobile device with internet access is required to redeem coupon. Allow up to 24 hours to receive digital coupon from winner verification date. Coupon must be used at a participating retailer in accordance with retailer’s coupon policy. Sales and/or local taxes are not included. Coupon must be used by the expiration date (14 days from winner verification date) or prize will be forfeited in its entirety. Product availability may vary by retailer. Sponsor is not responsible for distribution or product unavailability. Total ARV of all prizes: $169,825.00. Any unclaimed prizes will not be awarded. Prizes are nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award an alternate prize of equal or greater value if advertised prize becomes unavailable. The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Separate e-gift card terms and conditions apply as set by issuer. Winners are responsible for all taxes relating to the prize, if applicable. Limit: One (1) prize per person per Promotion Week and three (3) prizes per person for the entire Promotion Period. The State Co. bicycle, cornhole set, slip n slide and cooler (each collectively a “Tier 1 Prize”) are limited to a total of one (1) Tier 1 Prize per person for the entire Promotion Period. For the purposes of this Promotion a (“Promotion Week”) is defined as Monday 12:00:01 AM ET through Sunday 11:59:59 PM ET except for the last Promotion Week will be Monday, 9/30/24 12:00:01 AM through 11:59:59 PM ET (the final day of the Promotion). Manufacturers/suppliers and other details of prizes to be determined by Sponsor in its sole discretion. Prizes to be awarded "as is" and any and all warranties and/or guarantees (if any) shall be subject to the manufacturers'/suppliers’ terms; therefore, winners agree to look solely to such manufacturer(s)/supplier(s) for any such warranty(s) and/or guarantee(s), if any. Actual prizes awarded may vary from those that are depicted in advertising materials. Any prize depiction is for illustrative purposes only. Sponsor shall not be responsible for lost or stolen prizes, or any part thereof, or for misdirected, failed delivery or undeliverable digital coupon or ecard prizes, or any issues arising out of or in connection with winner's use of a prize, or any part thereof. Prizes consist of only the items specifically listed as part of the prize.
6. GENERAL RULES: Incomplete, corrupted, mis-transcribed, or untimely Entries are void and will be disqualified. Sponsor and Administrator are not responsible for incorrect or inaccurate entrant information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the Entries. Sponsor and Administrator are not responsible for lost, late, incomplete, damaged or misdirected Entries/winner notification documents and or prizes; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer/phone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of Entry will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of a Promotion participant, the authorized account holder of the email address used to register will be deemed to be the participant. “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. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion, and in the event of cancellation, all verified, claimed prizes will be awarded prior to cancellation and the remaining prizes will go unawarded. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW; SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds: to be attempting to tamper with or undermine the Promotion process, and/or the legitimate operation of the Promotion; to violate the Official Rules; or, to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes claimed prior to cancellation and the remaining prizes will go unawarded.
7. PRIVACY: Sponsor collects personal information from participants before and after Entry (and for when they may be deemed a winner of the Promotion) for use in administration of the Promotion. The information collected is subject to the Privacy Policy located at https://www.ferreronorthamerica.com/privacy-policy-us. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
8. RELEASE OF LIABILITY: You hereby hold the Sponsor, Administrator, advertising & promotion agencies, prize providers, prize fulfillment companies and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) harmless from and against any third party claim arising from receipt or use of any prize or Entry. Participating in the Promotion constitutes permission to the Sponsor to use a winner’s name, address, and likeness for promotional purposes in any media without further consideration. By participating in the Promotion, the entrant agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Promotion play, the acceptance, possession, use or misuse of any prize or component thereof, if applicable, or submission of an Entry, or otherwise participation in the Promotion or participation in any Promotion-related activity, or any typographical or other error in these Official Rules or the announcement or offering of any prize. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them.
9. GOVERNING LAW: The Promotion and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in New York and agree that any dispute shall be brought in the state or federal courts in New York. You agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney’s fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages, whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
10. WINNER LIST: To receive a list of winners who won a prize valued at $25 or greater, send an email to: [email protected] with “Chase the Chocolate Checkpoints Instant Win Promotion Winners” as the subject line. Requests must be received by 10/31/2024. Winners list will be sent after prizes have been awarded.
11. SPONSOR/ADMINISTRATOR: The Sponsor of the Promotion is Ferrero U.S.A., Inc., 7 Sylvan Way, 4th Floor, Parsippany, NJ 07054. The Administrator of the Promotion is Berlin Productions, 870 Locke Ln., Yorktown Heights, NY 10598.
© 2024 Ferrero U.S.A. Inc. All rights reserved.
