Make a Splash with Whole Grains Instant Win Game & Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED.
STANDARD DATA CHARGES MAY APPLY.
PROMOTION PERIOD: No purchase necessary and no fee, payment or proof of purchase necessary to participate in the Make a Splash with Whole Grains Instant Win Game & Sweepstakes (together referred to as the “Promotion”). The Promotion will consist of an instant win game (“Game”) and a sweepstakes (“Sweepstakes”). The Promotion starts on October 17, 2016 at 12:00 p.m. Pacific Time (“PT”) and ends on November 13, 2016 at 11:59 p.m. PT ( the “Promotion Period”).
ELIGIBILITY: Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older (or the age of majority in their state of legal residence, whichever is older) as of date of entry. Employees of Bimbo Bakeries USA, Inc. (“Sponsor”), Walt Disney Studios Motion Pictures, their respective parent companies, subsidiaries, distributors, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. If you have received a prize from Sponsor within the past six (6) months in connection with another Sponsor promotion and such prize exceeded $1,000 in value, you are not eligible to participate in this Promotion or receive a prize. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by Walt Disney Studios Motion Pictures.
HOW TO PARTICIPATE: During the Promotion Period, log into your Facebook account (or, if you do not have one, set up a Facebook account for free at www.facebook.com), visit www.facebook.com/NaturesHarvestBreads and click the Sweepstakes tab. Then, follow the instructions to complete and submit the registration form provided inclusive of your complete name, mailing address, phone number, and e-mail address to receive one (1) Sweepstakes entry (an “Entry” and collectively referred to herein as “Entries”) for the Grand Prize drawing and one (1) Game play to see if you have won a Game prize (Game prize award subject to verification of eligibility, winning Game play and compliance with the terms of these Official Rules). Entries and Game plays must be received by November 13, 2016 at 11:59 p.m. PT to be eligible. Entries or Game plays generated by script, macro or other automated means and Entries or Game plays by any means which subvert the entry process are void. Limit one (1) Entry and one (1) Game play per person per day for the duration of the Promotion Period. You may only use one (1) Facebook account to enter. Multiple Entries or Game plays received from any person (“Entrant”), Facebook account or e-mail address in excess of the limitation stated above will be void. All Entries and Game plays become the sole property of the Sponsor and will not be acknowledged or returned.
Entry or Game play requests that are sent to Sponsor or submitted in any other method other than the Entry and Game play procedure outlined above or that otherwise fail to comply with these Official Rules will NOT be honored or acknowledged. Every Entry and Game play must be manually keystroked and manually entered by the individual Entrant. Repetitive automated electronic submission of Entries and Game plays is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the Entry or Game play process is prohibited and all such participation will be void.
HOW THE GAME WORKS & ODDS OF WINNING: Game prizes will be randomly assigned to fifty (50) specific winning times throughout the Promotion Period using a random computer algorithm. During the Promotion Period, if you are the first to play at a randomly selected winning time (as determined by Sponsor) or if no one plays at such time and your Game play is the first submitted thereafter (as determined by Sponsor), you will receive a winning on-screen message indicating that you are a potential winner of the Game prize specified. Odds of winning a Game prize depend on the number of Game plays received and the date and time of Game play. Prize award is subject to verification of eligibility, winning Game play and compliance with the terms of these Official Rules. Limit of one (1) Game prize per person and per household throughout the Promotion Period.
HOW TO CLAIM A GAME PRIZE: If the on-screen message you receive upon submitting a Game play says “Sorry you’re not an instant winner” you are not an instant winner of a Game prize. If an Entrant is a potential winner of a Game prize, he/she will immediately receive an on-screen message informing him/her of the applicable Game prize and must follow the instructions to immediately provide the additional contact information requested to claim the Grand prize. Game prizes must be claimed by November 13, 2016 or Game prize claim will be void. Potential winners are subject to verification by Sponsor, whose decisions will be final. Game prize claims that are received late or are defaced, mutilated, tampered with, obtained via illegitimate channels or altered in any way or which contain printing errors or those not obtained through legitimate channels will be automatically void. Game prizes that are not claimed in accordance with these Official Rules will not be awarded. All materials submitted in connection with this Game become the property of Sponsor and will not be acknowledged or returned. UNCLAIMED GAME PRIZES WILL NOT BE AWARDED.
SWEEPSTAKES RANDOM DRAWING: One (1) potential Sweepstakes Grand Prize winner will be selected by Sponsor in a random drawing on November 14, 2016 from all eligible Sweepstakes Entries received throughout the Promotion Period. Odds of winning a Sweepstakes prize depend on the total number of eligible Entries received throughout the Promotion Period.
GAME PRIZES:
Finding Dory Beach Essentials Prize Pack (Fourteen (14) prize packs available to be awarded): Each prize pack will consist of a beach ball, beach mat, towel, hat, and a Dory Beanie Boo plush. Approximate Retail Value (“ARV”) of each prize pack: $40.00.
Finding Dory School Essentials Prize Pack (Twelve (12) prize packs available to be awarded): Each prize pack will consist of a notebook, mouse pad, stickers, watch, and a Dory Beanie Boo plush. ARV of each prize pack: $23.00.
Finding Dory ULTIMATE Prize Pack (Twelve (12) prize packs available to be awarded): Each prize pack will consist of a beach ball, beach mat, towel, hat, mouse pad, stickers, watch, a Dory tote bag, notebook and a Dory Beanie Boo plush. ARV of each prize pack: $47.00.
Finding Dory THIS IS AMAZING Prize Pack (Twelve (12) prize packs available to be awarded): Each prize pack will consist of a beach ball, beach mats, towel, hat, notebook, mouse pad, stickers, watch, a Dory tote bag, a Dory Beanie Boo plush, and a one (1) year supply of Nature’s Harvest Bread, awarded in the form of twenty six (26) product coupons with each redeemable for one (1) Nature’s Harvest Bread product up to $4.49 in value. ARV of each prize pack: $283.00. The total value of a coupon must be redeemed at one (1) transaction. Any unused balance will not be awarded. Coupons must be surrendered at time of redemption. Coupons are subject to certain terms and conditions specified by Sponsor. Coupons expire on date specified on each coupon. Coupons may not be used online or in conjunction with any other offer or discount. Valid only in the U.S.A. and are void where prohibited.
SWEEPSTAKES GRAND PRIZE (1): A trip for winner and up to three (3) guests to the Monterey Bay Aquarium. Trip consists of (i) roundtrip, coach class air transportation from a major U.S. gateway airport nearest winner’s residence to the Monterey Regional Airport or San Jose International Airport (exact airport to be determined by Sponsor, in its sole discretion), (ii) three (3) days and two (2) nights standard hotel accommodations (one room, quad-occupancy) selected by Sponsor, (iii) up to four (4) tickets to the Monterey Bay Aquarium (“Aquarium”), (iv) round-trip ground transportation to/from the hotel as selected by Sponsor, and (v) a Finding Dory ULTIMATE Prize Pack that consists of a beach ball, beach mat, towel, hat, notebook, mouse pad, stickers, watch, a Dory tote bag and a Dory Beanie Boo plush. ARV of Sweepstakes Grand Prize: $3,200.00. Exact dates of travel to be determined by Sponsor, in their sole discretion. If winner resides within a 100-mile radius of destination, ground transportation will be provided in lieu thereof. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded. An IRS form 1099 will be issued in the name of the winner for the actual value of the prize received. Trip must be taken on dates specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves the right to change dates. Winner and guest(s) must travel together on the same itinerary. Guest(s) must be of legal age of majority in his/her jurisdiction or residence (and at least 18 or the age of majority in their state of legal residence whichever is older), unless a child or legal ward of winner and must sign a liability/publicity release prior to issuance of travel documents. If a guest is a child or legal ward of winner, winner must sign and return release on behalf of such child or legal ward. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. In the event winner elects to travel with fewer than three (3) guests no compensation or substitution will be provided in lieu thereof. Certain travel restrictions may apply. Tickets to the Aquarium are subject to certain terms and conditions as specified thereon. Winner and guest(s) must comply with all Aquarium rules and regulations. Failure to do so may result in winner and/or guest(s) removal from the Aquarium and/or forfeiture of prize. In the event Sponsor is unable to provide tickets to the Aquarium, no compensation or substitution will be provided in lieu thereof; however remainder of prize package will be awarded and Sponsor will have no further obligation to winner. Winner and guest(s) must each have all necessary identification and/or documents required for travelling or other documents as required by Sponsor. The trip is subject to additional airline and hotel terms, conditions and policies. Sponsor reserves the right to substitute the trip prize (or any element thereof) for one of equal or greater value for any reason.
PRIZE CONDITIONS: Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners may not substitute, assign or transfer a prize (or any portion thereof), or redeem a prize for cash (including any part of a prize rejected by winner, if any); however, Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value in its sole discretion. All federal, state and local taxes, and any other charges and incidental costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners, including if the Sweepstakes Grand Prize winner, but not limited to any additional ground transportation, meals, souvenirs, gratuities, in-room charges (e.g., mini-bar, movies), telephone calls, upgrades, personal incidentals, amenities and luggage fees. All prize details are at Sponsor’s sole discretion. Released Parties are not responsible for any inability of any winner to accept or use any prize. Total ARV of all prizes awarded: $7,996.00. Prizes will be awarded provided a sufficient number of eligible Entries are received. Sweepstakes Grand Prize must be claimed within the notification timeframe specified below or prize may be forfeited and Sponsor reserves the right to notify an alternate potential Sweepstakes Grand Prize winner. Game Prizes will be awarded if validly claimed by November 13, 2016, after which no alternate Game prize winners will be selected, nor unclaimed Game prizes awarded.
SWEEPSTAKES WINNER CONFIRMATION: Potential Sweepstakes Grand Prize winner will be notified on or about November 14, 2016, via email, mail and/or phone and will be required to complete and return an Affidavit of Eligibility, Release of Liability, and a Publicity Release within five (5) days of the date of initial prize notification. Noncompliance with this time period or with these Official Rules, Sponsor’s inability to contact a potential winner or the return of any prize notification as undeliverable will result in disqualification and the applicable prize may be forfeited.
MISCELLANEOUS: Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and this Promotion shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws; provided that all issues and questions regarding intellectual property of Walt Disney Studios Motion Pictures and prizes provided by Walt Disney Studios Motion Pictures will be governed and construed in accordance with the laws of the state of California and in the event of any dispute, all Entrants irrevocably consent to the jurisdiction of the state and federal courts located in Los Angeles, California to resolve such disputes.
GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for (i) late, lost, delayed, not received, undelivered, misdirected, incomplete or garbled Sweepstakes entries, Game plays, mail, phone calls or claims; or (ii) failure to receive Sweepstakes Entries, Game plays, or claims due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, Internet Service Provider (ISP), servers, access providers, hardware or software, whether originating with sender or recipient; or (iii) any problems or technical malfunctions of any telephone network or lines, computer online systems or servers, computer software problems or traffic congestion on the Internet or at any website and assume no liability for damage to Entrant’s or any person's computer resulting from participating in the Promotion. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning Sweepstakes Entry or Game play will be deemed to have been made by the authorized account holder of the e-mail address at the time of participation. “Authorized account holder” is the natural person who is assigned an e-mail address by an Internet Service Provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. Persons who tamper with or abuse any aspect of the Promotion, gain unauthorized access to accounts, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.
By participating, each Entrant and each guest/travel companion of Grand Prize winner agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor, Walt Disney Studios Motion Pictures, Facebook, and their respective parents, affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, accidents, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of the prizes (including any travel/activity related thereto); and (c) to the use of his/her name, voice, performance, photograph, caption, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use (Sponsor will not sell or transmit this information to third parties except for the purposes of administering the Promotion, unless you agree otherwise). By participating, Entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion.
In the event more prizes are claimed than are intended to be awarded for any prize, Sponsor reserves the right, as applicable, to award the stated prizes in a random drawing from among all valid prize claims received. In no event will Sponsor be liable for more than the stated number of prizes listed in these Official Rules. Entrants waive all rights to claim or collect punitive, incidental, consequential or any other damages and acknowledge that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action and that any and all claims, judgments, or awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees, and in no event will Entrant be entitled to receive attorneys’ fees, or any other costs.
If for any reason, in the sole opinion of the Sponsor, factors corrupt or impair the administration, security, fairness or proper play or if the Promotion is not capable of being completed as planned including, but not limited to computer virus, worms, bugs, non-authorized human intervention, tampering, fraud, technical failures, printing, administrative, or other causes, the Sponsor reserves the right, in its sole discretion to cancel or suspend this Promotion or to modify these Official Rules, without notice, at any time. Any attempt to deliberately damage any website or electronic communication or to undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Promotion -related materials, including but not limited to the Promotion registration form, or point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level per the above, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law and excluding any intellectual property of Walt Disney Studios Motion Pictures or prizing provided by Walt Disney Studios Motion Pictures (which will be governed by the Governing Law section above), as a condition of participating in this Promotion, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
PRIVACY POLICY & USE OF DATA: By participating, information collected from Entrants in connection with these Official Rules is subject to Sponsor’s Privacy Policy available at https://bimbobakeriesusa.com/privacy-policy. When entering the Promotion, we collect personally identifying information about you, including your name and email address. The information that you provide will be added to a centralized Sponsor database. By entering and providing the required entry information, you acknowledge that Sponsor may email you information, promotional discounts or special offers it believes may be of interest to you. Your information will not be sold or rented to third parties. If you would like your information removed from this database you can do so at any time by following the opt-out instructions at the bottom of any email correspondence received from Sponsor.
WINNERS’ LIST: For the names of the winners, visit https://www.facebook.com/NaturesHarvestBreads/ by November 30th, 2016. To receive a copy of the Winners’ List, mail a self-addressed stamped envelope to Make a Splash with Whole Grains Instant Win Game & Sweepstakes – Winner’s List, 5000 Birch Street, Suite 1000, Newport Beach, CA 92660. All requests must be received by December 13, 2016. Limit one (1) request per outer envelope.
SPONSOR: Bimbo Bakeries USA, Inc., 255 Business Center Dr., Horsham, PA 19044.