Brach's Pick-a-Mix Official Rules
THE BRACH’S PICK-A-MIX SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
1. SWEEPSTAKES PERIOD: The Brach’s Pick-A-Mix Sweepstakes (the “Sweepstakes”) starts July 15, 2021 at 1:00 p.m. Eastern Time (“ET”) and ends August 5, 2021 at 11:59 p.m. ET (“Sweepstakes Period”).
2. ELIGIBILITY: The Brach’s Pick-A-Mix Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States or the District of Columbia, who are, as of date of entry, at least eighteen (18) years of age. Employees of Ferrara Candy Company (the “Sponsor”), Don Jagoda Associates, Inc., their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.
3. HOW TO ENTER: During the Sweepstakes Period, you may visit www.brachs.com/pick-a-mix (the “Site”) to fill your digital bag of candy and complete the registration form (“Registration Form”), which includes providing your name, physical mailing address and email address, to receive one (1) entry (“Entry”) into the random drawing.
Limit one (1) Entry per person. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such Entries and that entrant will be disqualified. Normal Internet/phone access and data/usage charges imposed by your online/phone service provider will apply. All Entries must adhere to the Official Rules of the Sweepstakes. Any Entry that does not adhere to the Official Rules is subject to disqualification from the Sweepstakes.
4.RANDOM DRAWING: The Grand Prize winners will be selected in a random drawing to be held on or about August 6, 2021 from among all eligible Entries received. The odds of winning will depend on the number of eligible Entries received throughout the Sweepstakes Period. The random drawing will be conducted by an independent judging organization whose decisions are final on all matters relating to the Sweepstakes.
5.PRIZES, ODDS OF WINNING AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prize (1): A Pick-A-Mix pantry makeover, which includes: one (1) year’s worth of Brach’s candy (awarded in the form of 104 bags of Brach’s candy), 10 glass jars, 10 metal serving shovels, plastic candy bags with ties and (2) $500 Sponsor-selected gift cards for further curation. Total ARV of the Grand Prize is $2,000. First Prize (100 total): A curated “Pick-A-Mix” candy box based on the digital bag of candy selected at the time of registration. The ARV of the First Prize is $5 each.
The total ARV of all prizes is $2,500. The odds of winning any Prize depend on the total number of eligible Entries received throughout the Sweepstakes Period. Limit one (1) Prize per person/email address.
All federal, state, and local income taxes for acceptance and use of the prize are the sole responsibility of Grand Prize winner. Prizes are nontransferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value. The Grand Prize winner is solely responsible for all taxes in connection with the prize, including without limitation federal, state and local taxes, and reporting consequences thereof. The Grand Prize winner will be issued a 1099 tax form for the actual value of their prize.
6.WINNER NOTIFICATION/VERIFICATION: The potential Grand Prize winner will be sent via email link a Declaration of Eligibility, Liability & Publicity Release (where legal) (collectively, “Declaration”) and will be required to complete, and sign the Declaration via email within forty-eight (48) hours of being notified in order to claim his/her prize. First Prizes will be awarded to the mailing address included on Entry within 8-10 weeks after selection/verification is complete. Undeliverable return of any prize notification or prize will result in disqualification and the prize will be forfeited and an alternate winner will be selected. If the potential Grand Prize winner fails to return the required document within the required time period, or the prize notification is returned undeliverable, or in the event that the potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible Entries received. All Prizes will be awarded provided a sufficient number of eligible Entries are received throughout the Sweepstakes Period.
All potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and binding in all matters related to the Sweepstakes. A participant is not a winner of any prize unless and until participant's eligibility has been verified and participant has been notified that verification is complete.
7. GENERAL RULES: By participating in this Sweepstakes, entrants and winners agree to be bound by these Official Rules and the decisions of the Sponsor. All applicable laws and regulations apply. Entrants and winner hereby hold the Sponsor and its Administrators, and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) harmless from and against any third party claim arising from use of any Entry and entrants and winner waives any right to inspect or approve uses of their Entry by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use an entrant’s and winner’s name, address, and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrants and winner agree that Released Parties will have no liability whatsoever for, and will be held harmless by entrants and winner for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry, the acceptance, possession, use or misuse of any prize, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them. The Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials or the offering or announcement of the prizes. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in their sole discretion. In the event of termination, a drawing for the prizes will be conducted from among all eligible Entries received prior to termination.
8. DISPUTES: Except where prohibited, entrant agrees that: (1) all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded must be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Illinois or the appropriate State Court located in Illinois; (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION 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. 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, will be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
10. WINNER: For the Grand Prize winner’s name (“Winner List”), available for ninety (90) days after August 16, 2021, send an email to: Winners@dja.com with “Brach’s Pick-A-Mix Winner” as the subject line. Winner List will be sent after the prizes have been awarded.
11. SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is Ferrara Candy Company, 404 W Harrison Street, Suite #650, Chicago, IL 60607. The Administrator of this Sweepstakes is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.