“BACK TO SCHOOL. CRUSH IT.” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES TIMELY RECEIVED.
THIS SWEEPSTAKES TAKES PLACE IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY: THE “BACK TO SCHOOL. CRUSH IT.” SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA, WHO ARE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. Employees, officers and directors of Angie’s Artisan Treats, LLC (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, web masters/suppliers (and their IRS dependents, immediate family members [spouse, parents, children, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency (the “Judges”) which are final and binding in all respects. Void where prohibited.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:01 a.m. (midnight) Central Daylight Time (“CDT”) on June 15, 2017 and ends at 11:59:59 p.m. Central Standard Time (“CST”) on December 30, 2017 (“Sweepstakes Period”). The Sweepstakes Period is comprised of three (3) drawings set forth in Section 4 below.
3. TWO WAYS TO ENTER:
(a) Text Message: During the Sweepstakes Period, use your SMS-enabled mobile phone to text BOOM to short code 50563 (“Short Code”) to receive one (1) entry into the corresponding drawing (as set forth in Section 4 below). Participants may receive up to eight (8) reply messages per entry from or on behalf of Sponsor. By texting BOOM to the Short Code, you authorize Sponsor to send up to eight (8) reply messages to the number you provide by autodialer. Consent is not a condition of entry. Your text is your electronic signature agreeing to these terms and to giving electronic written consent. Participants must have a mobile phone with text messaging capabilities to enter by text message. Message and data rates may apply. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. A participant may, at any time, choose to not receive further text messages by sending an opt-out text message stating “STOP” to the Short Code. If a participant sends an opt-out text message, he/she will be sent a reply text message, which will confirm that he/she has been unsubscribed and will receive no further text messages. For help, text the word “HELP” to the Short Code.
(b) By Mail: To enter by mail, hand print your complete name, mailing address, email address, telephone number, and birth date on a 3” x 5” card and mail in a first-class stamped envelope to: The “Back to School. Crush It.” Sweepstakes, P.O. Box 650004, Dept. 1017-709, El Paso, TX 88565-0004 to receive one (1) entry into the corresponding drawing (as set forth in Section 4 below). Mail-in entries must be postmarked by the “Mail-In Postmarked By Date” and received by the “Mail-in Received By Date” listed in Section 4 to be eligible for the corresponding (and subsequent) Drawings. Each mail-in entry must be mailed in a separately postmarked, hand addressed, stamped, outer envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due, mutilated, non-delivered or misdirected entries or mail. Mail-in entries become property of the Sponsor, and none will be returned.
Limit one (1) entry per person/mobile phone number/address or postmarked outer envelope per day, regardless of entry method. A “day” is defined as each twenty-four (24) hour time period beginning at 12:00:00 a.m. and ending at 11:59:59 p.m. of the same day; except the first day of the Sweepstakes Period which is defined as beginning at 12:00:01 a.m. and ending 11:59:59 p.m. of the same day (CDT/CST as the case may be). Sponsor’s administrator’s computer is the official time keeping device for the text message portion of this Sweepstakes. Proof of text message or mailing does not constitute proof of delivery or entry.
Any attempt by any participant to obtain more than one (1) entry per day by using multiple/different mobile phone numbers, mailing addresses, identities or any other methods may void that entrant’s entry. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above.
4. DRAWINGS: The Judges will conduct a random drawing (each, a “Drawing”) on or about each date (each a “Drawing Date”) listed in the table below from all eligible entries received by the deadlines as set forth in the table below. All nonwinning entries will be carried over to subsequent Drawings. The decisions of the Judges and Sponsor are final and binding in all matters relating to this Sweepstakes.
|Drawing||Deadline to enter Drawing via Text Message||Mail-in Entry Postmarked By Date||Mail-in Entry Received By Date||Drawing Date
|1||08/31/17, 11:59:59 p.m. CDT||08/31/17||09/07/17||09/12/17|
|2||10/31/17, 11:59:59 p.m. CDT||10/31/17||11/07/17||11/09/17|
|3||12/30/17, 11:59:59 p.m. CST||12/30/17||01/09/18||01/11/18|
Potential winners will be notified by text message, phone, email and/or mail at the mobile number, phone number, email address and/or mailing address provided at the time of entry within five (5) business days following the corresponding Drawing Date. If a randomly selected winner participated via text message, he/she will be required to respond to a phone call or text message within seventy-two (72) hours in order for the independent judging agency to capture his/her name and address or prize will be forfeited. Sponsor is not responsible for suspended or discontinued wireless service which may result in a potential winner not receiving initial prize notification.Winners must meet all eligibility requirements and may be required to provide their social security numbers, and complete and submit to Sponsor an Affidavit of Eligibility, and a Publicity and Liability Release (where legal) each of which must be completed, signed and returned within seven (7) days from date of issuance, or the prize may be forfeited. If any prize notification or attempted notification is returned as undeliverable, if Sponsor is unable to contact a potential winner within a reasonable time period, if required information is not timely provided to Sponsor, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited. If a prize is returned as undeliverable, prize may be forfeited and Sponsor shall have no further liability to award that prize. By accepting a prize, winners acknowledge they are in compliance with these Official Rules. Limit of one (1) prize per person/household/email address. See Section 5 for Prize Details.
5. PRIZE DETAILS/APPROXIMATE RETAIL VALUES (“ARV”)/ODDS:
One hundred (100) prize packages (40 for 1st Drawing, 30 for 2nd Drawing,30 for 3rd Drawing will be awarded each containing: one (1) Angie’s BOOMCHICKAPOP branded Beats EP Headphones; one (1) Angie’s BOOMCHICKAPOP branded backpack; one (1) Angie’s BOOMCHICKAPOP branded journal set with pen; one (1) bag each of Angie’s BOOMCHICKAPOP Sea Salt Popcorn, Sweet & Salty Kettle Corn, White Cheddar Popcorn, Real Butter Popcorn, Light Kettle Corn, and Cheddar Cheese Popcorn. Total ARV of each prize package is $225.00. Total ARV of all prizes awarded $22,500. If winner cannot accept the prize as stated, prize may be forfeited. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Odds of winning depend on the number of eligible entries received for a corresponding Drawing. Any difference between stated value and actual value will not be awarded.
7. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, illegible, late, incomplete, mutilated, stolen, postage-due, non-delivered or misdirected mail, entries or text messages; or for interrupted or unavailable satellite, network, server, Internet Service Provider, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt 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 or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Released Parties are not responsible for injury or damage to entrant’s or to any other person’s mobile phone or computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of mobile phone or computer. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, nonauthorized human intervention, technical failures 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, and randomly select the winners from among all eligible, nonsuspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of such equipment. In case of dispute regarding an entrant who participated via text message, the authorized subscriber of the mobile phone used to enter at actual time of entry will be deemed to be the entrant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned to the mobile phone number by the wireless provider or other organization that is responsible for assigning mobile phone numbers. It is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her mailing address, email address, telephone number or mobile phone number during the Sweepstakes Period.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS 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, CONSEQUENTIAL 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 INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
9. GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes 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 Minnesota, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Minnesota in Hennepin County.
10. WINNERS’ LIST: For the names of the winners, mail a self-addressed, stamped envelope to: The “Back to School. Crush It.” Sweepstakes Winners’ List Request, 10 South 5th Street, 7th Floor, Dept. 1017-709, Minneapolis, MN 55402 for receipt by January 31, 2018.
11. SPONSOR: Angie’s Artisan Treats, LLC, 1918 Lookout Dr., North Mankato, MN 56003.