GOLDENBERG’S® PEANUT CHEWS® NEW YORK YANKEES TEXT
FOR A CHANCE TO WIN SWEEPSTAKES
NO PURCHASE NECESSARY.
PURCHASE WILL NOT IMPROVE CHANCES OF WINNING
This Sweepstakes is in no way sponsored, administered, produced or executed by any MLB Entity, including the New York Yankees Partnership. Major League Baseball (“MLB”) trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB, MLB Advanced Media, L.P., MLB Properties, Inc., MLBAM, MLB Media Holdings, Inc., MLB Media Holdings, L.P., MLB Online Services, Inc., the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
- Eligibility: The GOLDENBERG’S® PEANUT CHEWS® New York Yankees Text For a Chance to Win Sweepstakes (“Sweepstakes”) is open and offered only to legal residents of New York, New Jersey, Connecticut and Pennsylvania, who are 18 years of age or older at the time of entry. Employees and non-employee workers of Just Born, Inc. (“Sponsor”), Arrowhead Sweepstakes & Fulfillment Co., Inc. (“Administrator”), and their respective subsidiaries and affiliated companies, advertising, Sweepstakes or production agencies (collectively, “Sweepstakes Entities”), and their immediate family members or individuals residing in their same household, are not eligible to participate or enter. Subject to all applicable federal, state, and local laws. Void where prohibited or restricted by law.
- Sweepstakes Period: The Sweepstakes begins on June 1, 2019 at 12:00:00 AM Eastern Time (“ET”) and ends on July 14, 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 Sponsor’s and Administrator’s 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® King Size Bars 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 random drawing. 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 July 14, 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 birth date (dd/mm/yyyy) handwritten on a 3 x 5” card/paper and mail in a first-class stamped envelope to: “GOLDENBERG’S® PEANUT CHEWS® New York Yankees Sweepstakes, Dept. S7826, PO Box 4006, Grand Rapids, MN 55730-4006, to be postmarked by July 14, 2019 and received by July 22, 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 doesn’t 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 a total of one (1) Grand Prize Winner, and twenty-five (25) First Prize Winners in this Sweepstakes. The Winners will be selected by a random drawing on or about July 25, 2019. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. The Winners will be notified by Administrator via text message, 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 or text 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 one (1) twenty-two (22) person luxury suite (including, tickets and food & non-alcoholic beverages customarily provided in the luxury suite during the Game) for the Winner and up to twenty-one (21) guests for the New York Yankees home game scheduled to be played on Sunday, September 1, 2019(the “Game”), at Yankees Stadium (“Prize”). Approximate Retail Value (“ARV”) of the Grand Prize is $10,000. The Winner will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Prize. The Prize is subject to availability. Sponsor is not responsible for cancellation or for other circumstances that make it impractical or impossible to fulfill these elements of the prize. If it becomes impractical or impossible to fulfill the elements of the prize that have no approximate retail value, Sponsor’s only obligation will be to provide the remainder of the prize. Tickets valid only on the date(s) printed on the tickets. Tickets are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will tickets be replaced if lost or stolen. Tickets may not be sold to a third party. If a Game is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, MLB Entities or the New York Yankees Partnership, Sponsor’s sole responsibility to the Winner will be to award the remaining available elements of the Prize and no substitution or compensation will be provided for the unawarded elements of the Prize. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Seat locations at the Game shall be determined in the sole discretion of Sponsor. Winner’s guest(s) must each be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the Game tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, 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(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the Winner and/or his/her guest(s) 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, event or exhibition. The Sweepstakes Entities, MLB Entities and New York Yankees Partnership 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 Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as Prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s). In the event a guest and/or his or her travel companions engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the event or other applicable experience early, in whole or in part, and send winner and guests home with no further compensation.
- Twenty-Five (25) First Prizes: – Four (4) tickets to the 9/1/2019 Yankees home baseball game. Seat location at Sponsor’s sole and absolute discretion. ARV for each prize: $400. ARV for all first prizes: $10,000. The total ARV for all prizes available during the Sweepstakes is ARV: $20,000. Transportation and parking are not included as part of any prize. All seat locations are at Sponsor’s 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. 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. Limit one (1) prize per person during the entire Sweepstakes Period.
- 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, the New York Yankees Partnership, the MLB Entities, and each of their parent, subsidiary, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns 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, the New York Yankees Partnership, the MLB Entities, and each of their parent, subsidiary, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, including their parents and affiliates and each of their respective officers, directors, agents, representatives and employees, 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 Sponsor and its agents of the entrant’s name, likeness, photograph, voice, opinions, hometown, state and any other information submitted to Sponsor 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 MLB ENTITIES, THE NEW YORK YANKEES PARTNERSHIP OR 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, MLB Entities and New York Yankees Partnership 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 California 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, including costs associated with 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, 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 Winners’ names or a copy of the official rules, send a self-addressed stamped envelope to be postmarked by July 8, 2019, to: Goldenberg’s Peanut Chews New York Yankees Sweepstakes Winners/Rules (designate which), Dept. S7826, PO Box 4006, Grand Rapids, MN 55730-4006.
- Sponsor: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672.
ABBREVIATED RULES (ON-PACK):
NO PURCHASE NECESSARY. THE GOLDENBERG’S PEANUT CHEWS New York Yankees Text For a Chance to Win Sweepstakes is open to residents of NY, NJ, CT and PA 18 and older. Void where prohibited. Starts at 12:00:00 AM ET on 6/1/19 and ends at 11:59:59 PM ET on 7/14/19. To enter, buy any two (2) Goldenberg Peanut Chew King Size Bars in the same transaction, take a picture of your receipt showing the purchase, text the word Peanutchews to 73876, and you will be prompted to upload your Photo to receive 1 entry. To enter without purchase, send your complete name, telephone number, email address, and birth date handwritten on a 3 x 5” card/paper and mail in a first-class stamped envelope to: “Goldenberg’s Peanut Chews New York Yankees Sweepstakes Entry, Dept. S7826, PO Box 4006, Grand Rapids, MN 55730-4006 to be postmarked by 7/14/19 and received by 7/22/19. Sponsor: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672.
ABBREVIATED RULES (ONLINE):
NO PURCHASE NECESSARY. THE GOLDENBERG’S® PEANUT CHEWS® New York Yankees Text For a Chance to Win Sweepstakes is open to residents of NY, NJ, CT and PA, 18 and older. Void where prohibited. Starts at 12:00:00 AM ET on 6/1/19 and ends at 11:59:59 PM ET on 7/14/19. For how to enter and rules, visit www.peanutchews.com. Sponsor: Just Born, Inc., 1300 Stefko Boulevard, Bethlehem, PA 18017-6672.