PLEASE REVIEW BOTH CAMPAIGNS BELOW:
· Dos Equis Big Game Sweepstakes Official Rules
· Save $8 Offer Terms & Conditions
DOS EQUIS BIG GAME SWEEPSTAKES
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE DOS EQUIS BIG GAME SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY AND RESIDE IN ONE OF THE FOLLOWING STATES:AL, FL, GA, NC, TN AND VA. SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
The Sweepstakes is open only to individuals who are legal residents of the United States residing and physically located in the states of AL, FL, GA, NC, SC, TN and VA who are 21 years of age and older at time of entry except as set forth below.
Notwithstanding the foregoing, the following individuals and members of their families (i.e., parents, grandparents, children, siblings, spouses) and immediate household members (whether legally related or not) are not eligible for participation: employees, officers, and directors of Heineken USA dba Cervezas Mexicanas (“Sponsor”), General Mills Marketing, Inc. and their respective parent, subsidiary, and affiliated companies, their respective printers, and advertising, promotion, an fulfillment agencies, alcoholic beverage suppliers, wholesalers, distributors, and importers, and alcoholic beverage retailers. All federal, state, and local regulations apply.
2. START/END DATES:
The Sweepstakes begins at 12:01 a.m. Eastern Time (“ET”) on 12/26/2021 and ends at 11:59 p.m. ET on 3/8/2022.
3. HOW TO ENTER – Internet Entry: To submit an Internet entry, scan the QR code on the applicable point of sale signage or visit www.DosEquis.com/BigGame and follow the on-screen entry instructions. Normal time rates, if any, charged by Internet service provider will apply. All entries must be submitted by 11:59 p.m. ET on 3/8/2022.
By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor and its appointed agents, which will be final and binding in all matters relating to the Sweepstakes. Limit one (1) entry per person per day. Any entry submitted on behalf of another individual or using another individual’s information, providing any incorrect, inaccurate, fake or false information during registration, or attempting to submit more than the allowable number of entries by using alternate names, emails, addresses, or other method shall result in all such entries being disqualified. Please note that there is a limit of one (1) prize per individual, household, street address, and/or e-mail address during any six (6) month period across all HEINEKEN USA Inc. promotions, regardless of brand (Heineken, Amstel, AriZona SunRise, Dos Equis, Murphy’s, Newcastle, Red Stripe, Strongbow, Tecate, and Tiger).
All prize details are at Sponsor’s sole discretion. Any prize depiction is for illustrative purposes only and shall not be relied upon. No part of any prize includes any alcoholic beverages. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners are allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion.
First Prize (10): Ten (10) first prizes will be awarded. Each first prize consists of one (1) $100 gift card, from the Sponsor designated gift card provider. Gift card subject to the terms and conditions of issuing gift card provider policy. Approximate retail value (“ARV”) of each first prize: $100. Total ARV of all available first prize awards: $1,000.
Grand Prize (1): One (1) grand prize will be awarded. The grand prize consists of a trip for two (2) people (winner and one guest age 21 or older) to one of the Sponsor designated destination cities located within the contiguous United States of the winner’s choice, with travel dates to occur between September 11, 2022 – December 18, 2022, based upon availability.
Grand prize trip includes: round trip coach airfare for two (2) people (winner and one guest age 21 or older) from the nearest major airport as designated by Sponsor servicing winner’s residential area to the designated destination city, hotel accommodations for two (2) people—one room, double occupancy—for two (2) nights, one (1) $100 Uber.com gift card, and one (1) $500 Stubhub.com gift card to attend the sporting event of winner’s choice during travel dates, based upon availability. Gift cards subject to the associated terms and conditions of the associated gift card provider policy.
Total ARV of grand prize award: $2,500. Exact transportation and accommodation details, dates, times, destination city and terms to be determined at the sole discretion of Sponsor. Travel and accommodations are subject to availability. Travel may not be taken over holidays. Blackout dates and other restrictions may apply. All travel must be completed by date determined by Sponsor at its sole discretion (no later than 12/18/2022), or prize will be forfeited.
Once travel is booked, any penalties incurred as a result of changes to flights or accommodations for any reason are the sole responsibility of winner. In the event the winner chooses to cancel their trip, or winner or guest chooses not to travel for any reason, Sponsor shall not award any alternate prize award or compensation and shall have no liability for any related cancellation fees or additional costs incurred for re-booking the itinerary at a later date. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Hotel accommodations are subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s hotel of choice.
All travel arrangements are subject to availability, and any applicable restrictions and regulations, and policies of the travel providers (airline and hotel) including COVID-19 vaccination or testing policy, and policies of departure and destination locations (including national, state, or local entry, vaccination, testing, or quarantine policies, or prohibitions on entry). Sponsor is not responsible should prize not be usable in part or in whole due to the foregoing. Prize must be taken in accordance with government guidelines and COVID-19 rules and restrictions in both the departure and arrival location. Any required arrangements and additional costs for any COVID-19 testing, vaccination or quarantine accommodations that may be required is sole responsibility of the winner and guest.
Winner and guest must abide by all travel provider policies and direction, including security and safety requirements. Sponsor reserves the right to revoke full or partial prize from winner or any winner’s guest who it and/or travel provider personnel deem may, in their sole discretion, be intoxicated, be a safety risk, is disruptive or abusive, have violated any policy or law, and/or may bring Sponsor into disrepute.
Any ticket purchase via the provided Stubhub.com gift card are subject to availability, and any applicable stadium capacity restrictions and regulations, including COVID-19 policy. Winner and guest must abide by all team/stadium policies. Sponsor reserves the right to revoke full or partial prize from winner or winner’s guest who it and/or team/stadium personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any team/stadium policy or law, and/or may bring Sponsor into disrepute. Any applicable game date and time are determined in the sole discretion of the team/stadium/league, as applicable, and may be subject to change. The terms and conditions of the tickets purchased via the Stubhub.com gift card issued as part of the prize, and Stubhub.com policy, will govern in the event any game date is not played or attendance is restricted or prohibited due to weather, pandemic, an Act of God, an act of terrorism, civil disturbance, work stoppage or any other reason. Sponsor will not be responsible for any game date delay, rescheduling, postponement or cancellation due to weather, pandemic, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other event that may cause the delay, postponement or cancellation of the game.
All expenses and travel costs incurred as a result of seeking or winning a prize are the sole responsibility of winner. Any expenses or costs not expressly stated in the description of the prize above, including, but not limited to, ground transportation, parking fees, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service or facility charges, airline seat assignment or baggage check fees, personal charges at lodging, security fees, taxes, or other expenses, are the sole responsibility of winner. Winner’s guest must each be twenty-one (21) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as winner. Travel must be round-trip. Winner and guest are solely responsible for obtaining any required travel documents, including where applicable a valid passport, visas, vaccinations, COVID-19 or other testing requirements and travel insurance. Winner and guest must each execute an Affidavit of Eligibility and Publicity Release form provided by Sponsor or its appointed agent prior to issuance of tickets. Travel restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, or certificates. Sponsor is not responsible for any penalty charges incurred as a result of changes to tickets or any portion of the prize award that have been issued. Any such penalties incurred are the sole responsibility of winner.
Sponsor will not be responsible for any travel arrangements or any associated element of prize award that are delayed, rescheduled, postponed or cancelled due to pandemic, any government restrictions, pandemic regulations or requirements, travel provider restrictions or policies, weather, Acts of God, force majeure, acts of terrorism, civil disturbances, work stoppage or any other reason or event that may cause the delay, rescheduling, postponement or cancellation of any travel arrangements. No refund or compensation will be made in the event of the cancellation, delay, rescheduling or postponement of any travel arrangements.
All prize awards shall be shipped or delivered to winner only to the registered residential address or email address as applicable, and as provided at the time of entry and winner notification. Any applicable shipment shall be shipped via the Sponsor designated shipping carrier or delivered as solely determined and designated by Sponsor. Winner is solely responsible for any required software application for access to mobile or digital ticket delivery. Once shipped or delivered, prize shall be considered delivered to winner and Sponsor shall have no responsibility for any shipment that is delayed, damaged, lost, misdelivered, not received or stolen. Where applicable, winner shall look solely to shipping carrier for any delayed, damaged, lost, misdelivered or stolen shipment.
All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with his/her federal and state tax returns. Sponsor complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.
5. ODDS OF WINNING:
Odds of winning a prize are dependent on the number of eligible entries received.
6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
Potential prize winners will be selected in a random drawing to be held on or about 3/10/2022 to select ten (10) first prize winners and one (1) grand prize winner. Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final. Potential winners will be contacted by telephone and/or email. If any potential winner cannot be reached within forty-eight (48) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if the potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries, time permitting. Upon forfeiture of any prize, no compensation will be given.
Each potential winner will be required to sign and return, where legal, a Declaration of Eligibility and Liability/Publicity Release within three (3) days of notification that he/she is a potential winner. No potential winner will be an official winner until any required paperwork has been returned and eligibility has been formally verified by Sponsor. If the potential winner fails to comply with these Official Rules and/or to submit any required paperwork within the designated time period, he/she will be automatically disqualified and the prize may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Sweepstakes and acceptance of prize constitute winner’s permission for Sponsor or its agents to photograph, film, and record each winner and to use his/her name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. By participating and/or accepting a prize, entrants, and winners, acknowledge and agree to release and hold harmless Sponsor, General Mills Marketing, Inc., Sponsor’s advertising and promotional agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, “Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Sweepstakes, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Sweepstakes-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any other persons providing any services to winner, including any results thereof, such as changes in services or location necessitated by same. Sponsor is not responsible if any part of a Sweepstakes prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase required to participate in the Sweepstakes or to win any prize in the Sweepstakes. A purchase does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor reserves the right to alter, suspend, or terminate the Sweepstakes at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Sweepstakes becomes or is likely to become compromised in any way. In the event the Sweepstakes is terminated prematurely, all eligible entries received prior to the Sweepstakes termination or suspension date will be included in the next prize drawing. No automated devices, bots, and/or other programs and/or software are permitted. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Delivery of a prize will require a residential street address located within AL, FL, GA, NC, SC, TN or VA. Sponsor is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
In case of a dispute as to the identity of any Internet entrant, an entry made by Internet will be deemed made by the authorized account holder of the email address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, fraud, technical failure, human error, or any other cause beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, or theft or destruction of, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation or downloading of any materials in the Sweepstakes.
Sponsor and its agents are not responsible for printing, distribution, or production errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Sweepstakes based upon any such error without liability. If by reason of a printing, computer, or other error more prizes are awarded in a prize category than the number set forth in these Official Rules, all persons purportedly making valid claims will be included in a random drawing to award the advertised number of prizes available. In no case will more than the advertised number of prizes be awarded. Antifraud detection devices may be used for verification purposes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be 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.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS SWEEPSTAKES, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES.
9. DISPUTES AND GOVERNING LAW:
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York City, New York. The parties agree not to raise the defense of forum non conveniens.
10. USE OF DATA:
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, Dos Equis Big Game Sweepstakes, P.O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 4/15/2022 and received by 4/30/2022.
12. SPONSOR: HEINEKEN USA Inc. dba Cervezas Mexicanas, White Plains, NY.
General Mills Marketing, Inc. is not responsible for the promotion, administration, or execution of this Sweepstakes
Big Game Partnership Program (Dos Equis & General Mills)
Offer Terms & Conditions
SAVE $8 AFTER PURCHASING QUALIFYING DOS EQUIS AND OLD El PASO PRODUCTS
Offer Dates: 12/26/2021 – 3/6/2022
Offer open only to residents of FL, GA, SC, TN & VA only
Amount of rebate may vary in some states due to legal constraints, and not all products may be required to be purchased in all states.
OFFER TERMS AND CONDITIONS: Offer valid only for legal residents of the U.S. residing in the states of FL, GA, SC, TN and VA who are 21 years of age or older. Void where prohibited by law. Receipts must be dated between 12/26/2021 and 3/6/2022, and submitted by 3/8/2022. To receive up to $8 through this offer, while supplies last, you must purchase one (1) 12-pack (equivalent or larger) of Dos Equis® Lager Beer or Dos Equis® Ambar Beer in 12oz bottles or cans AND any two (2) Old El Paso products excluding seasoning and spices in a single transaction. Purchases made in multiple transactions, that do not include all required product purchases, or outside of valid receipt dates, are not eligible for this offer. Offer not redeemable in store. To redeem, scan the QR Code or visit the site directly at www.DosEquis.com/BigGame, and follow the on-screen instructions to upload your eligible receipt and submit other required information. Receipts are subject to verification and approval. CERVEZAS MEXICANAS (“Sponsor”) reserves the right to confirm rebate recipient’s identification and age. Tax remains the responsibility of the consumer. Please note the amount of rebate will vary by State per the following restrictions: VA residents are eligible for a rebate equal to 50% of the normal retail price of the beer (excl. sales tax). In states where the purchase of multiple items is required, rebate will be applied to each item on a proportionate basis unless stated otherwise. NOTE: maximum of one (1) rebate per individual, household, email address and receipt during entire rebate offer period. Duplicate receipts or multiple receipt redemptions submitted by the same individual or household are void and will not be honored or processed. You may not submit a receipt on behalf of another individual or submit a receipt that has already been redeemed for any other offer. Offer may not be combined with any other offer. Void where taxed or prohibited by law. It is recommended that purchaser first print his/her name on the original register receipt; sign and date the receipt; and circle the qualifying product on the receipt before uploading the receipt. The file must be in .JPEG, .JPG, .PNG, or .GIF format (no PDFs will be accepted) and may not exceed 8 MB. Receipts must be submitted by 11:59:59 PM ET on 3/8/2022 to be valid. It is strongly recommended that participant maintain possession of the original receipt or a photocopy of the receipt. The participant should not give a receipt to any store employee. Upon approval participants will not be allowed to change their mailing address or email address after submitting an Offer redemption request. Receipts must be readable. A qualifying purchase receipt may only be submitted one (1) time during the Offer Period. If the same receipt is submitted more than one (1) time, the receipt is not valid. Duplicate, mechanical reproductions, digital, altered receipts or unreadable receipts will not be accepted. Receipts submitted in excess of the limits set forth herein will not be accepted. Employees of the following organizations and members of their immediate families are not eligible for participation in this offer: Cervezas Mexicanas, its affiliated companies and advertising and promotional agencies, licensed alcohol beverage suppliers, wholesalers and retail licensees and groups and organizations and General Mills Marketing, Inc. (collectively, “Offer Entities”). Offer Entities are not responsible for failed, garbled, jumbled or delayed transmission and reserves the right to reject any request that it determines in its sole discretion is not in compliance with these Terms and Conditions. Once your receipt has been verified and approved, your eligible rebate will be issued to your PayPal account via the registered email address submitted, or as otherwise specified by Sponsor (allow approximately 2 – 4 weeks for processing). Invalid receipts will not be honored or processed.
Participation in the Offer constitutes participant’s full and unconditional agreement to these “Terms and Conditions” and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Offer.
Offer Entities are not responsible for: (i) interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected registrations or orders, or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Offer; (ii) illegible, unintelligible, postage due, misdirected, delayed, undelivered, damaged, late, lost or stolen receipts, entries or incorrect or inaccurate registration or order information, whether caused by Internet users or programming associated with or utilized in the Offer or by any technical or human errors that may occur in the administration of the Offer; or (iii) for any typographical errors in any Offer-related materials. All registrations and all elements thereof will become the property of Sponsor and will not be acknowledged or returned. If in the judgment of Sponsor, the Offer is compromised by viruses, bugs, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security, or fairness of the Offer, Sponsor reserves the right, in its sole discretion, to modify, discontinue, suspend or terminate the Offer. OFFER ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING THE OFFER.
If, for any reason, the Offer is not capable of running as planned, or the integrity and or feasibility of the Offer is severely undermined by any event beyond the control of Sponsor or force majeure event, including, but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor, Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Offer and/or proceed with the Offer in a manner it deems fair and reasonable. If Sponsor, in its discretion, elects to alter this Offer for any reason, a notice will be posted on the Website.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS OFFER, INCLUDING OFFER ITEM COMPONENTS, 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Offer Entities expressly disclaim any responsibility, and by participating in this Offer, each participant agrees: (i) to be bound by these Terms & Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any employees, directors, officers and agents of Offer Entities, any provider of an Offer Item, and each of their respective parent companies, divisions, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Offer and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (the “Released Parties”), in connection with the Offer; and (iv) to forever and irrevocably agree to indemnify, defend release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Offer, including, but not limited to, any Offer-related activity or element thereof, and a participant’s participation or inability to participate in the Offer; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) human error; (d) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; or (e) the negligence or willful misconduct by participant. Released Parties are not responsible for any loss (financial or otherwise), liability, injury (including death) or damage to persons or property, which may be caused directly or indirectly, in whole or in part, by the purchase of, use or misuse of any Offer related product or the Offer Item. Released Parties further assume no liability either for the cancellation, modification or premature conclusion of the Offer for any reason or through the acts or defaults of any company or person providing any Offer or due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control (a “Force Majeure Event”).
DISPUTES: THIS OFFER IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MIAMI-DADE COUNTY, FLORIDA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR OFFER ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE OFFER PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Participants waive any right to claim ambiguity in these Terms and Conditions. Federal, state and local taxes, if any, are the sole responsibility of participant. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify, the Offer and proceed in a manner it deems fair and reasonable. Duplicate or non-conforming requests will not be honored or returned. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Offer; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Offer. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Offer will void any attempted participation effected by such methods and the result in the individual utilizing the same to be ineligible to participate in the Offer. All registrations and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Offer details contained in these Terms and Conditions and Offer details contained in Offer materials (including, but not limited to, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Offer as set forth in these Terms and Conditions shall prevail. These Terms and Conditions may be modified by Sponsor and/or we may cease offering the Offer at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS & CONDITIONS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE OFFER AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS & CONDITIONS. Any attempted form of participation in this Offer other than as described herein is void. CAUTION AND WARNING: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR TO UNDERMINE THE OPERATION OF THIS OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms and Conditions or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Offer details contained in these Terms & Conditions and the Offer details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Offer as set forth in these Terms and Conditions shall prevail.
General Mills Marketing, Inc. is not responsible for the administration, promotion, administration, or execution of this Offer.
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