FANNIE MAY 12 DAYS OF CHRISTMAS SWEEPSTAKES (“SWEEPSTAKES”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS OPEN ONLY TO legal residentS of, and currently residing WITHin, the 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“d.c.”) WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. INTERNET ACCESS IS REQUIRED TO ENTER.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of and currently residing within, the 50 United States and D.C., who are 18 years of age or older at time of entry. Employees, officers, and directors of Fannie May Confections Brands, Inc. (“Sponsor”) and its parent, subsidiary, and affiliated companies, advertising, promotion, and production agencies, and web masters/suppliers, and any other entity engaged in any way in the development, production, printing, distribution or execution of this Sweepstakes, and their immediate family members (spouse, parents, step-parents, children, step-children, siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, officer, and director, whether or not related, are not eligible to enter or partake in a prize. Void where prohibited. The Sweepstakes is subject to all applicable federal and state laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on December 4, 2017 at 12:00:00 a.m. Eastern Time (“ET”) and ends on December 15, 2017 at 11:59:59 p.m. ET (“Sweepstakes Period”). The Sweepstakes website’s database clock will be the official timekeeping device for the Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, (1) log into your Facebook account, (2) go to the Fannie May page on Facebook (https://www.facebook.com/FannieMayChocolates), (3) click on the link to the Sweepstakes application, and (4) follow the on-screen instructions to complete the entry process and receive one (1) entry into the Sweepstakes. Limit one (1) entry per person/household/email address per day. [SAU1] For purposes of these Official Rules, a “day” is defined as commencing at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET. Entries from any person, household, and/or email address that exceed this limitation will be void. All entries must be received by 11:59:59 p.m. ET on December 15, 2017 to be eligible for a Sweepstakes drawing. In the event of a dispute as to who submitted an entry, the name of the “authorized account holder” associated with the email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will not verify receipt of entries. Entries that are late, lost, stolen, undelivered, illegible, contain false information, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy all the conditions set out in these Official Rules will be void. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. All materials submitted become the property of Sponsor and will not be returned.[SAU2] This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook Inc. (“Facebook”). You understand that you are providing your personal information to Sponsor and not to Facebook. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Facebook.
4. drawings: One (1) winner will be randomly selected from among all eligible entries received for each day of the Sweepstakes Period for a total of twelve (12) winners. The random drawings will be conducted on or about December 16, 2017 by the Sponsor whose decisions are final and binding on matters relating to this Sweepstakes. Odds of winning depend upon the number of eligible entries received for each day of the Sweepstakes Period. Entry will only be included in the drawing for the day it was received. Winners agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions are final on all matters relating to this Sweepstakes. Limit: one (1) prize per person/household/email address.
Entrants must enter an actual mailing address. Submissions with a P.O. Box address are not valid.
5. PRIZES (12): One (1) prize will be awarded for each day of the Sweepstakes Period in accordance with the following schedule:
Prize Description/Approximate Retail Value (“ARV”)
Fannie May Pixies Holiday Collection; ARV $29.99
Fannie May Eggnog Creams; ARV $12.99
Fannie May Colonial Gift Tin; ARV $19.99
Fannie May 2lb. Assorted Chocolates; ARV $49.99
Fannie May Holiday Mint Meltaways; ARV $29.99
Fannie May Peppermint Bark Tin; ARV $29.99
Fannie May Novelty Trio; ARV $24.99
Fannie May 12 Days of Christmas Box; ARV $49.99
Fannie May Peppermint Bliss; ARV $12.99
Fannie May Skater Colonial Tin; ARV $39.99
Fannie May Holiday Grahams; ARV $12.99
Fannie May Holiday Poinsettia Tower; ARV $79.99
Total ARV of all Prizes: $393.88. Prizes are non-transferable and no substitution or cash equivalent will be made except at Sponsor’s sole discretion. If any advertised prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. Federal, state, and/or local taxes, if any, on prizes are the sole responsibility of the winners.
6. WINNER NOTIFICATION: Potential winners will be notified by email at the email address provided at time of entry on or about December 16, 2017. You are not a winner until your eligibility has been verified and it is determined that you have complied with all terms of these Official Rules. Prizes will be shipped to winners at the addresses provided at time of entry within 2-4 weeks after the Sweepstakes has concluded. Sponsor is not responsible for change of email address, mailing address, and/or phone number of entrants. Prizes will be sent only upon verification by Sponsor that all the Sweepstakes requirements have been met by the winners. Failure of a potential winner to comply with the above prize claim requirements for any reason, or the return of any prize notification or prize as undeliverable, or the determination that a potential winner is ineligible to receive a prize, may result in forfeiture of the prize and result in an alternate winner being selected in accordance with these Official Rules.
7. GENERAL CONDITIONS: By participating, entrants (and each entrant’s parent or legal guardian if entrant is an eligible minor) agree and covenant on behalf of themselves and their family, heirs, personal representatives, executors, assigns, and insurers, (a) to release, acquit, hold harmless, waive and forever discharge Sponsor, Facebook, Inc., and Sponsor’s advertising agencies, digital agencies, promotion agencies and each of their respective parent companies, subsidiaries and affiliates, and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Released Parties”) from any and all claims, demands, damages, debts, costs, fees, obligations, losses, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, or resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes; and (b) except where legally prohibited, each winner (or if winner is an eligible minor; winner’s parent or legal guardian) grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the internet, without notice, review, or approval.
8. LIMITATIONS OF LIABILITY: Released Parties are not responsible for incorrect or inaccurate entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Sweepstakes website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor or Sponsor’s representatives. If Sponsor suspects that an entrant has engaged in an unsportsmanlike or disruptive manner, the entrant will be contacted as soon as practicable. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE SWEEPSTAKES.
Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to an awarded prize or the Sweepstakes itself; (iv) failure of the Sweepstakes website or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (v) any errors, omissions, incorrect or inaccurate information in any Sweepstakes-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Sweepstakes howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of a prize; or (viii) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes (or portion thereof), or to amend these Official Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to terminate the Sweepstakes. In the event of termination, Sponsor may conduct the drawing at random from among all eligible, non-suspect Sweepstakes entries received up to time of such action for this Sweepstakes. In the event of any such termination or suspension, a notice may be posted on https://www.facebook.com/FannieMayChocolates.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. GOVERNING LAW: These Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal and state laws and regulations. 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 laws of the State of New Jersey, without giving effect to the conflict of laws thereof, and any matters or proceedings [SAU6] shall take place in the State of New Jersey.
10. WINNERS’ LIST: For a list of winners (available after December 21, 2017, send a self-addressed, stamped[OAU7] , business size (#10) envelope by February 16, 2018 to the address listed in Paragraph 11.
11. SPONSOR: Fannie May Confections Brands, Inc
9 West Washington
Chicago IL 60602
Attention: Fannie May - Marketing