Schnucks & Nutella Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS INTENDED ONLY FOR LEGAL RESIDENTS OF ILLINOIS, INDIANA, IOWA, MISSOURI AND WISCONSIN, WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.YOU MUST HAVE A COMPUTER WITH INTERNET ACCESS IN ORDER TO ENTER.
1. ELIGIBILITY: The Schnucks & Nutella Sweepstakes (“Sweepstakes”) is only open to legal residents of the states of Illinois, Indiana, Iowa, Missouri and Wisconsin who are 18 years of age or older as of the time of entry. Employees, directors, and officers of Schnucks Markets, Inc. (“Sponsor”), Ferrero U.S.A., Inc. and each of their respective parents, affiliates, subsidiaries, representatives, advertising and promotional agencies involved in this Sweepstakes (collectively, “Released Parties”), and each of their immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each are not eligible.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on September 17, 2012 at 12:00:01 am Eastern Time (“ET”) and ends on October 30, 2012 at 11:59:59 pm Eastern Time (“ET”) (the “Sweepstakes Period”). The time stamp for the server for the Website will be the official timekeeper for this Sweepstakes.
3. TO ENTER: During the Sweepstakes Period visit schnucks.nutellasweeps.com (the “Website”) and follow the on-screen directions to complete and submit the online entry form to receive one (1) entry into the Sweepstakes. Sponsor reserves the right not to award all Prizes in the event that it receives an insufficient number of eligible entries to enable Sponsor to award all of the Prizes. Limit one (1) entry per person and/or email address per Day. A “Day” is defined as the twenty four (24) hours between 12:00:00am ET and 11:59:59pm ET. Automated means of entry are prohibited and any use of automated devices will cause disqualification. In the event a dispute arises regarding a specific individual entitled to receive a Prize, an entry will be declared made by the "authorized e-mail account holder” associated with the e-mail address in question. The “authorized e-mail account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Entrants may be requested to provide Sponsor with proof that the entrant is the authorized e-mail account holder of the e-mail address associated with the e-mail account in question. Any damage made to the Website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion. Any entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Sponsor reserves the right to cancel or modify the Sweepstakes if there are an insufficient number of entrants. Proof of submission is not proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE 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 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
4. DRAWINGS/ODDS: Winners will be selected in a random drawing from among all eligible entries received on or about November 15, 2012, by a Sponsor representative, whose decisions shall be final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received.
5. PRIZES: Two Hundred (200) Grand Prizes: $50.00 Schnucks gift card and (1) one coupon redeemable for a free 13 oz. jar of Nutella. Approximate Retail Value (“ARV”) of each prize is $54.49. Total ARV of the 200 Prize(s): $10,898. Gift cards are subject to all terms and conditions established by the issuer of the gift card. Sponsor shall not be responsible for lost or stolen gift cards. All prize details are at Sponsor’s sole discretion. Sponsor shall not be responsible for any issues arising out of or in connection with winner’s use of the gift card. Limit one Prize per person/e-mail address.
6. PRIZE RESTRICTIONS: No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Any stated difference between the approximate retail value and actual value of prize or any substituted prize will not be awarded. All federal, state, and local taxes on prizes are the sole responsibility of winners. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. In no event will more than the stated number of prizes be awarded.
7. WINNER NOTIFICATION AND PRIZE CLAIM: Potential Winners will receive notification from Sponsor or its representatives via email and will receive their prize via mail within 30 days of random drawing. Sponsor is not responsible for undeliverable email resulting from any form of active or passive email filtering by an entrant’s internet service and/or email provider or for insufficient space in entrant’s email account to receive email. Sponsor assumes no responsibility for undeliverable prize notification letter or prize resulting from typographical error or change of address or email address of entrant. In the event of non-compliance with these Official Rules, or if a prize notification or prize is unclaimed or returned as undeliverable, the potential winner may be disqualified and an alternate winner may be contacted. Unclaimed prizes will not be awarded.
8. GENERAL CONDITIONS: By entering, each entrant agrees (1) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) entrant's name, voice, city and state of residence, photographs and/or likeness for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without further compensation, permission or notification to entrant or any third parties, except where prohibited by law; (2) to release, discharge, indemnify and hold harmless the Released Parties from and against any liability and any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (a) the acceptance, possession, use or misuse of a prize, (b) participation in this Sweepstakes, (c) any element of this Sweepstakes, and (d) the exploitation of any of the rights granted herein; (3) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (4) that all causes of action relating to this Sweepstakes will be resolved individually without resort to any form of class action; (5) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (6) that Missouri law shall apply exclusively to the Sweepstakes and that any dispute with respect to the Sweepstakes shall be resolved in either the federal or state courts located in the St. Louis County, State of Missouri.
Released Parties are not responsible for (1) electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials; (2) failed, incomplete, undeliverable, garbled, or delayed computer transmissions; (3) late, lost, illegible, invalid, unintelligible, technically corrupted, garbled, misdirected, incomplete, stolen, delayed or misdirected entries; (4) damage to entrants' or any person's computer or the contents thereof; (5) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or (6) any inability of any winner to accept or use a prize. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes (or portion thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event Sweepstakes is cancelled, Sponsor reserves the right, at its discretion, to award prizes from among all eligible non-suspect entries received up to the time of such action. Entry information becomes property of Sponsor.
9. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES AND/OR YOUR ACCESS TO AND USE OF THE WEBSITE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES, INCLUDING SCHNUCKS.COM AND NUTELLAUSA.COM, AND THE USE OR MISUSE OF THE PRIZE. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. WINNERS LIST: For name of winners, send a self-addressed, stamped envelope to The Wilson Group, 10555 Newkirk Street #500, Dallas, TX 75220 Attn: The Schnucks & Nutella Sweepstakes Winners List by December 15, 2012.
12. SPONSOR: Schnucks Markets, Inc., 11420 Lackland Rd. St. Louis, MO 63146-6928
13. ADMINISTRATOR: The Wilson Group, 10555 Newkirk, #500, Dallas, Texas 75220.