GOLDENBERG’S® PEANUT CHEWS®
PHILADELPHIA EAGLES TEXT FOR A CHANCE TO WIN SWEEPSTAKES
- Eligibility: The GOLDENBERG’S® PEANUT CHEWS® Philadelphia Eagles Text For a Chance to Win Sweepstakes (“Sweepstakes”) is open and offered only to legal residents of Pennsylvania, New Jersey and Delaware, who are 18 years of age or older at the time of entry. Void where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672 (the “Sponsor”), Arrowhead Promotion & Fulfillment Co., Inc. (“Administrator”), Philadelphia Eagles, LLC (the “Eagles”) or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes (all of the aforementioned collectively referred to as the “Sweepstakes Entities”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sweepstakes Entities’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Period: The Sweepstakes begins on Oct. 20, 2019 at 12:00:00 AM Eastern Time (“ET”) and ends on Nov. 23, 2019 at 11:59:59 PM ET (“Sweepstakes Period”).
- Agreement to Official Rules: Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sweepstakes Entities’ decisions, which are final and binding in all matters related to this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
- How to Enter: To enter, during the Sweepstakes Period, (1) Purchase: make a qualifying purchase of any two (2) GOLDENBERG’S® PEANUT CHEWS® products (2 ounces or larger) in the same transaction (“Qualifying Purchase”), and take a picture of your receipt showing the Qualifying Purchase (“Photo”). Then, text the word peanutchews to 73876 during the Sweepstakes Period, and you will be prompted to upload your Photo to receive one (1) entry into the Sweepstakes. Each text entry MUST include a Photo showing proof of the Qualifying Purchase in order to be a valid entry. Limit one (1) text entry per Qualifying Purchase. All text entries must be received by 11:59:59 PM ET on Nov. 23, 2019, to be eligible for the random drawing; or (2) Mail: To enter without making a Qualifying Purchase, send your complete name, telephone number, email address, and age handwritten on a 3 x 5” card/paper and mail in a first-class stamped envelope to: “GOLDENBERG’S® PEANUT CHEWS® Philadelphia Eagles Sweepstakes, Dept. S7907, PO Box 4006, Grand Rapids, MN 55730-4006, to be postmarked by Nov. 23, 2019 and received by Nov. 25, 2019. Limit one (1) mail-in entry per outer envelope. Odds of winning depend on the number of eligible entries received. Any text entry that does not contain a Photo of a Qualifying Purchase, or any entry that is sent after the entry deadline set forth above, will be disqualified and that entry attempt will not be eligible for the random drawing.
TEXT MESSAGE RATES MAY APPLY. In the event of a dispute regarding the identity of the person submitting a mobile text entry, the entry will be deemed to be submitted by the person in whose name the mobile number is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the mobile number associated with the winning entry and complete an affidavit and/or any applicable releases. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, mutilated, stolen or misdirected entries, which will be disqualified. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. Entrants who use text messaging to enter will be charged according to their carriers’ standard messaging and data rates and entrants should contact their carriers for pricing details. Standard text messaging rates and Internet data rates may apply and Sweepstakes Entities are not responsible for any fees incurred by participating in this Sweepstakes. Text message not available in all areas or on all carriers. Text “STOP” to 73876 to stop. Text “HELP” to 73876 for help. By entering via text, entrants expressly consent to receiving a reply text message from Sponsor containing a link to upload the Photo.
- Winner Selections: There will be one (1) Grand Prize Winner in this Sweepstakes. The Winner will be selected by a random drawing on or about Nov. 27, 2019. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. The Winner will be notified by Administrator via email or telephone on or about the day of the random drawing. Failure to respond to a winner notification within forty-eight (48) hours will be deemed forfeiture of the Prize and an alternate winner may be selected at Sponsor’s or Administrator’s sole discretion. Sponsor is not responsible for email notifications that are undeliverable or voicemail messages not received.
- Verification of Potential Grand Prize Winner: In order to be confirmed as an official Winner, and without limitation of any other terms herein, a potential Winner may be required to provide satisfactory proof, as determined by Sponsor in its sole discretion, that such potential Winner is an eligible Entrant, including but not limited to providing a copy of the potential Winner’s government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. Winners may be required to sign and return to Administrator, within forty-eight (48) hours of the date notice is sent, an affidavit of eligibility, and a liability/publicity release (except where prohibited) as a condition to claim his/her Prize. If the potential Winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if required), potential Winner will forfeit the prize and an alternate winner may be selected at Sponsor’s sole discretion.
- Prizes & Approximate Retail Values (“ARV”): One (1) Grand Prize One (1) Grand Prize will be awarded, which shall consist of two (2) tickets to the Philadelphia Eagles home game scheduled to take place on December 22, 2019, with a tour/meet and greet with an Eagles alumni, and a customized replica jersey. The ARV for the prize available during the Sweepstakes is ARV: $2,105. Transportation and parking are not included as part of any prize, and any other costs associated with attendance at the event shall be the sole responsibility of Grand Prize winner. All seat locations, alumni player(s) and jersey are at Sponsor’s and Eagles’ sole discretion. Tickets may not be resold to any third party. No prize transfer or cash substitutes allowed except at Sponsor’s sole discretion due to prize unavailability or for any reason and only then for prize of equal or greater value at Sponsor’s sole discretion and option. The terms and conditions of the game tickets awarded as part of the Prize will govern in the event a legal game, as defined by the National Football League, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest agree to comply with all applicable stadium and venue, as applicable, regulations in connection with the Prize. Sponsor and the Eagles reserve the right to remove or to deny entry to the Winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game. The Sweepstakes Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any National Football League game. Actual retail value of prize or prize components may differ from stated ARV and Sponsor will not award any difference between actual value and ARV. All winners are responsible for all applicable federal, state and local taxes. Grand Prize winner will receive a Federal Tax Form 1099. Prize consists of only those items specifically listed as part of the prize.
- General Conditions and Release: By entering, each entrant agrees to:
(a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s submission, participation in the Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize; and (d) use by the Sweepstakes Entities and their agents of the entrant’s name, likeness, photograph, voice, opinions, hometown, state and any other information submitted to Sweepstakes Entities for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
Potential winners may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in any prize notification correspondence. Any potential winner who fails or refuses to sign and return the required documentation within the time period specified by Sponsor may be disqualified. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an entrant (using the contact information provided) within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of any prize.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES 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.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of the person submitting the mobile text entry, the entry will be deemed to be submitted by the person in whose name the mobile number is registered.
- Limitations of Liability: The Sweepstakes Entities as set forth above, and their respective parents and affiliates, are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason a Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Sweepstakes, provided that if it is not possible to award another Submission due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to select potential winners from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover prize at its sole discretion.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS 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.
- Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in Pennsylvania under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Pennsylvania state or federal court judge with experience in entertainment matters who shall follow Pennsylvania law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Pennsylvania, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Pennsylvania. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Pennsylvania; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses incurred in entering this Sweepstakes, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
- Official Rules/Winner’s List: For the Sweepstakes Winner’s name or a copy of the official rules, send a self-addressed stamped envelope postmarked by Nov. 23, 2019, to: GOLDENGERG’S® PEANUT CHEWS® Philadelphia Eagles Sweepstakes Winners/Rules (designate which), Dept. S7909, PO Box 4006, Grand Rapids, MN 55730-4006.
- SPONSOR: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672.