M&M’S Survey Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law. You have not yet won.
These Official Rules are available as a link in the email invitation (see below).
ALL PERSONAL INFORMATION COLLECTED FROM PARTICIPANTS WILL BE HANDLED IN ACCORDANCE WITH THE SPONSOR’S PRIVACY POLICY AT HTTPS://WWW.MARS.COM/PRIVACY
ARBITRATION NOTICE: BY ENTERING THE PROMOTION, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION.
SPONSOR: Mars Wrigley Confectionery US, LLC, 800 High Street, Hackettstown, NJ 07840.
ELIGIBILITY: The M&M’S Survey Sweepstakes (the “Promotion”) is offered in the fifty (50) United States (“U.S.”) to legal residents of the U.S., 18 years of age or older who are the direct and intended recipient of an email invitation to enter this Promotion. Employees, officers, directors of Mars Wrigley Confectionery US, LLC (“Sponsor”), its parent, subsidiaries, agents, contractors, advertising/promotion agencies and individuals engaged in the development, production, administration, or distribution of materials for, execution or implementation of this Promotion (collectively, with Sponsor, the “Promotion Entities”), and the immediate family members (spouse (including domestic partners), siblings, children and parents including foster and step-relations and their respective spouses) or those living in their same household (whether or not related) are not eligible to enter or win the prize.
By entering, each entrant fully and unconditionally agrees to and accepts these Official Rules, the information provided by Promotion Entities in connection with the Promotion, the Sponsor’s Privacy Policy, and the decisions of the Sponsor which are final and binding with respect to all matters pertaining to this Promotion. By entering, you agree to be contacted with information about the Promotion including survey(s), discount offer(s), event reminders and, if applicable, potential winner notification and prize fulfillment. You may opt out from receiving marketing communications from Sponsor at any time.
PROMOTION PERIOD: The Promotion starts on or about June 7, 2024 and ends on October 26, 2024 (“Promotion Period”). Sponsor reserves the right to cancel, modify, extend or suspend this Promotion or any element thereof at any time in its absolute discretion.
TO ENTER: During the Promotion Period, to enter, follow the directions provided in the email invitation to take and submit the short survey. Eligible entrants who accurately complete and submit the survey will receive one (1) entry into this Promotion (“entry”) and a 10% off coupon to Sponsor’s products (coupon is subject to the terms and conditions of issuer, including conditions of use, exclusions, and expiry date if applicable, and will not be replaced by Sponsor if lost, unused, stolen, misplaced, damaged or destroyed). Limit one (1) entry per person. Once submitted, entry cannot be modified, deleted or canceled. Entries that are incomplete, untimely, appear not to have been submitted in good-faith, that are forwarded, or that appear to be completed or submitted by other than the named email recipient may be disqualified.
All information provided must be accurate and complete to receive an entry. Entries must be complete, compliant, submitted only via the official entry method described herein, and received by Sponsor within the Promotion Period. Sponsor has the right to verify entrant’s eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entry/entrant at any time and require immediate prize return if applicable. Entries may only be submitted by a single registered email account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method, whether paid or not), with multiple or false identities, accounts, or devices, or use multiple email and/or street addresses, use of artificial intelligence, or use any other device or artifice to enter or participate. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, AI, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefiting directly or indirectly from such methods. Sponsor reserves the right not to award the prize to any potential winner if Sponsor reasonably believes awarding the prize will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brand, products or services. Any Entrant suspected (in Sponsor’s or its representatives discretion) of cheating, fraud, or artifice to participate in the Promotion or any element thereof, or is threatening, abusive, unsportsmanlike, rude or obnoxious (in Sponsor’s sole determination), or is suspected of being ineligible or noncompliant will be disqualified immediately and will forfeit the opportunity to enter or receive a prize. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, non-compliant, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected entries (in whole or in part). Entries will not be returned and become the property of Sponsor. Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Promotion any entry/entrant based on the belief that such entry violates or is not in compliance with these Official Rules.
RANDOM DRAWING/ODDS/WINNER NOTIFICATION: One (1) potential winner will be selected by random drawing conducted by Sponsor’s authorized representative held on or within approx. two (2) weeks after the end of the Promotion Period from among all eligible entries received during the entire Promotion. Odds of winning depend on the number of eligible entries received during the Promotion Period. Potential winner will be notified via email on or approx. ten (10) business days after the drawing. Potential winner must respond within the time and in the manner specified in the notification, or they will forfeit the prize and an alternate potential winner may be randomly selected at Sponsor's sole discretion. Potential may be required to sign, have witnessed and return within the time specified by Sponsor a winner Declaration of Eligibility, Liability and Publicity Release. If potential winner fails to (timely) respond, is unable for any reason to accept prize, provide or satisfy required documentation, or follow instructions within the time specified by Sponsor, or is otherwise non-compliant, or found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion as provided herein. One (1) additional attempt to notify such a potential winner will be made; thereafter, that person will not be notified again and will forfeit the prize opportunity. Two (2) additional separate attempts to award the Grand prize will be made; thereafter that prize will not be awarded and there will not be a second-chance drawing. Promotion Entities shall have no liability for any prize notification that is intercepted, unheard, not received, not delivered, misdirected (i.e. into spam/junk folders), not timely acted upon, or otherwise not responded to by a potential winner for any reason whatsoever, and prize will be forfeited. Prize or prize notifications that are unawarded, unclaimed, undelivered, misdirected or returned will not be re-awarded. Prize notification does not confer winner status; prize award is subject to verification of eligibility and compliance with the above requirements, and all other terms in these Rules.
PRIZE (1): an M&M’S lentil pillow or M&M’S beach towel. (Approximate Retail Value: $30).
All federal, state and local taxes of any prize $600 or more are the sole responsibility of the winner. Winner is advised to seek independent counsel regarding tax implications of their prize winning, if applicable.
Only one (1) prize is available to be awarded. In no event will Promotion Entities be responsible for awarding more than one prize. Prize awarded assuming sufficient eligible entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there is more than one (1) eligible, non-suspect prize claim received, a random drawing will be held among all eligible non-suspect claimants to award the prize.
Prize cannot be assigned, transferred, redeemed for monetary cash, or substituted in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize with a prize of comparable or greater value. Any prize image or display is for illustrative purposes only and may not be the actual prize awarded. Prize is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. All prize details are at Sponsor’s sole discretion.
LIMITATIONS OF LIABILITY: To the fullest extent permitted by applicable law, entrants and winner agree to release, indemnify, defend and hold harmless (“release”) Promotion Entities, and each of their officers, employees, shareholders, successors, assigns, contractors, agents, and representatives, and any social media platform used to facilitate the Promotion (collectively, “Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litigation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, existing now or arising in the future (“Disputes”) asserted in, arising out of or based upon participation (or inability to participate) in the Promotion, the use of the entry, the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), all whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with entrant, winner, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, entrants and winner covenant not to sue any Released Party or cause them to be sued regarding any matter released herein, and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be stricken to the extent of its invalidity and the remainder of these Rules shall remain in full force and effect.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THIS PROMOTION, PARTICIPATION IN PROMOTION AND/OR PRIZE RELATED ACTIVITIES, THE USE OF THE ENTRY IN WHOLE OR IN PART, THE DELIVERY, ACCEPTANCE, USE, MIS-USE OF A PRIZE OR ANY FAILURE WITH RESPECT THERETO OR ANY ELEMENT THEREOF, OR ACCESS TO, AND USE OF ANY PLATFORMS OR WEBSITE(S) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE(S). Without limiting the foregoing, this Promotion is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.
PUBLICITY RELEASE: By entering and/or accepting a Prize, entrants and winner hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and its affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, information, voice, as well as their entry and all content therein, any statements made by winner regarding the Promotion, Sponsor’s products (provided they are true) for publicity, trade, advertising, promotional and any other commercial purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, Sponsor’s and unrelated third parties’ social media platforms, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen entries, surveys, emails, or other communications of any kind, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of AI, robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR ANY ELEMENT THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer or (mobile) device related to or resulting from participating in this Promotion or downloading or uploading materials from or use of any platform or website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, artifice, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries or ability to notify a winner, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and determine entrants and/or winner from non-suspect, eligible entries received prior to the action taken, or as otherwise deemed fair by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any Promotion-related materials, these Official Rules shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to entrants, winner or any other person or entity for failure to execute the Promotion or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of/at an event, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
DISPUTES: Sponsor’s (and its authorized representatives’) decisions are final and binding in all matters and disputes relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. For greater certainty, such matters and disputes are to be resolved in Sponsor’s sole discretion. By entering, entrants waive all rights to jury trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. For any controversy or claim arising out of or relating to these Official Rules and/or the Promotion, entrants and Sponsor irrevocably submit and consent to the exclusive jurisdiction of a binding one person arbitration panel located in Hackettstown, New Jersey. 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 JERSEY WITHOUT REGARD TO CONFLICT OF LAWS.
WINNER LIST: For the name of winner, contact Sponsor’s authorized representative by sending inquiry and a self-addressed, stamped envelope to be received by November 1, 2024 to: Outerkind LLC, 3575 Ringsby Ct, Suite 300B, Denver, CO 80216. Limit one request per person/household/email address.
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