N O P U R C H A S E N E C E S S A R Y . A P U R C H A S E O R P A Y M E N T O F A N Y K I N D W I L L N O T I N C R E A S E Y O U R C H A N C E S O F W I N N I N G .
1. Eligibility:Baby Nut’s First Game of Catch(the “Promotion”) is open only to legal residents of the fifty (50) United States and theDistrict of Columbia who are at least eighteen (18) years of age or older (or nineteen (19) years of age or older for residents of Alabama and Nebraska)atthe time of entry. Employees of Kraft Heinz Foods Company,ICF International, Inc., VaynerMedia, LLC, MerkleInc., and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulationsand isvoid where prohibited. Participation 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 the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsor: Kraft Heinz Foods Company,200 E Randolph, Chicago, IL 60601.Administrator:MerkleInc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Promotion begins on May18, 2020 at 7:00 a.m.Eastern Time (“ET”) and ends on June 30, 2020at 11:59 p.m. ET (the “Promotion Period”). Administrator’scomputer is the official time-keeping device for this Promotion.
4. How to Enterthe Sweepstakes: During the Promotion Period, visit www.firstgameofcatch.com(“Website”) and follow the links and instructions to complete and submit the registrationformincluding a valid home address.P.O. Boxes are not permitted.You automatically will receive one (1) entry into the Sweepstakes.
Limit: Each entrant may enterone (1)timeduring the Promotion Period.Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entryby using multiple/different email addresses, identities, registrations and logins, or any othermethods will void that entrant’s entryand that entrant may be disqualified. Useof any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible ormisdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant or player. The “authorizedaccount holder” isthenatural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winnermay be required toshow proof of being the authorized account holder.
5. How to Play the Instant WinGame: During the Promotion Period, visit the Website and register for the Promotion(on your first visit only), as outlined in Section4 above.Then, you will automatically receive one (1)InstantWin Game play for that day and proceedto the Instant Win Game page. Follow the links and instructions to play the Instant Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. Limit: Each entrant may playone (1)time per dayduring the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays by using multiple/different email addresses, identities,registrations and logins, or anyother methods will void that entrant’s plays and that entrant may
be disqualified.Use of any automated system to participate is prohibited and will result in disqualification. Sponsoris not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email addressused to register will be deemed to be the entrant orplayer. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsiblefor assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
6. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose decisions as to the administrationand operation of the Promotionand the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakeswinner, from all eligible entries on or around July1, 2020. Instant Win Game: Onethousand(1,000)random, computer-generated winning times, one for each prize listed below, will be generated during the Promotion Period. If you are the first player to play theInstant Win Game at or after one oftherandomly-generated times, you will be a potential instant winner of the prize indicated.
7. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSEDECISIONS ARE FINALANDBINDING IN ALL MATTERS RELATED TO THE PROMOTION.AN ENTRANT IS NOT A WINNER OF ANY PRIZE,EVEN IF THE INSTANT WIN GAMEOR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR SWEEPSTAKESWINNERHAVE BEEN VERIFIED AND ENTRANT HAS BEENNOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATIONPROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON ISDEEMED A DEFECTIVE PLAY,IS VOID AND WILLNOTBE HONORED.
8. Verification of Potential Winners:Receiving a prize is contingent upon compliance with these Official Rules.The potential Sweepstakes winner will be notified by email. Thepotential Sweepstakes Prizewinner will be required to sign and return aDeclaration of Compliance, Liability and Publicity Release which must be received by Administrator, within five (5)days of the date notice or attempted notice is sent, in order to claim the prize. Ifa potential winner of anyprize cannot becontacted, or fails to sign and return the Declaration of Compliance, Liability and Publicity Releaseor provide any other requested informationwithin the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner of a prize valued over $25 is disqualified for any reason, Sponsor will award the applicableprize to an alternate winner by random drawing from among all remaining eligible entries. There will be three(3)alternate drawings after which the applicable prizewill remain unawarded. Unclaimed prizes valued at $25 or less will not be awarded.Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
9. Prizes: Sweepstakes Prize:ONE (1) PRIZE:$7,500 check. ActualValue (“AV”): $7,500.
Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Promotion Period.Instant Win Game Prizes: QuantityPrize DescriptionApproximate Retail Value (“ARV”)150Throw blanket$22.29 400 Ball cap $104 50 Water bottle $4.59
Odds of winning an Instant Win Game prize depend on the number of Instant Win prizes available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL AV/ARV OF ALL PRIZES: $16,909.
10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, ICF International, Inc., VaynerMedia, LLC, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
11.Publicity:Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph,voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
12.General Conditions:Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human erroror any other factor impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the rightto award the prizes atrandom from among the eligible entries or plays received up to the time of the impairment. 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 theSweepstakes or Instant Win Game or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13.Limitations of Liability:The Released Parties 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processingof entries; or (5) any injury or damage to persons or property which may be caused, directlyor indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or useor misuse of any prize. If for any reason an entrant’s entryor playis confirmed to have been erroneously deleted, lost, or otherwise destroyedor corrupted, entrant’s sole remedy is another Sweepstakes entry or Instant Win Game play, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons causemore than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by arandom drawing among all legitimate, un-awarded, eligible prize claims.
14. Disputes:Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 any and all rights to have damages multiplied or otherwise increased. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choiceof law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Winner List:For a winner list, visit https://bit.ly/346kHkq. The winner list will be posted after winner confirmation is complete.© 2020MerkleInc. All Rights Reserved.