LANCE® BACK TO SCHOOL SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND
WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. ELIGIBILITY: The Lance® Back to School Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age and older, who are physically located and reside in the United States or District of Columbia at the time of entry ("Eligible Participant"). Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of S-‐L Snacks National, LLC (“Sponsor”), its affiliates, subsidiaries, and divisions, advertising and promotion agencies, and Tenthwave Digital LLC and all others associated with the design, execution, production, development, and promotion of this Sweepstakes or are connected to this Sweepstakes in any way are not eligible to enter. Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering, you understand that you are providing your information to the Sponsor and not to
Facebook. The information you provide will only be used for administration of the Sweepstakes.
3. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins at 12:00:00 AM Eastern Time (ET) on July 19, 2015 and ends at 11:59:59 PM ET on August 29, 2015 (the "Promotion Period"). One (1) Grand Prize and ten (10) First Prizes will be awarded each week for six (6) weeks in a random drawing (“Weekly Drawing”) from among all eligible entries received for that respective week as described in the Weekly Entry Chart in Rule #5 below. Entries do not carry over from week to week, so you must enter during each Weekly Period in order to be included in that Weekly Drawing. 4. HOW TO ENTER: There are 2 ways to enter the Sweepstakes: 1) via the Facebook platform with a Photograph; and 2) via U.S. Mail.
Via Facebook: In order to enter on the Facebook platform, you must be a member of
Entry must be received by dates/times stated in the Weekly Entry Chart below in Rule #5 in order to be eligible for a Weekly Drawing. Limit one entry per person/Facebook ID per day. Subsequent entries submitted by the same person/Facebook ID on the same day will be void. Each Entry must be unique in content, based on Sponsor’s sole discretion. Entry will not be judged. Once submitted, eligible Entries may appear on a Lance® website gallery at
www.lance.com/BackToSchool.
By U.S. Mail: To enter the Sweepstakes by U. S. Mail without a purchase of Lance® products, hand print your name, address, city, state, ZIP code, date of birth, email address (optional) and daytime telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to: Lance Back to School Sweepstakes, P. O. Box 832, Plainview, NY 11803-‐0832. Mail-‐in entries must be
postmarked and received by dates stated in the Weekly Entry Chart below in Rule #5 in order to be eligible for a Weekly Drawing. Limit one entry per outer envelope.
If you choose to enter the Sweepstakes on Facebook via your mobile phone, standard data fees may apply. See your wireless provider for pricing plan details.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, late or inaccurate are void. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Entries will not be acknowledged or returned. Proof of mailing does not constitute proof of delivery. Sponsor’s decisions are final on all matters relating to this Sweepstakes. If a dispute results as to the identity of an online entrant, it will be determined that the online entry was submitted by the authorized account holder of the Facebook ID from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to a Facebook ID by Facebook. The promotional website’s database clock will be the official timekeeping device for the Sweepstakes.
Entry Photograph on Facebook must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or
otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor in its sole discretion. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, postage-‐due or misdirected entries. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law.
owner(s) of the rights to such content and elements. Any entrant whose Entry includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (“IP Releases”) before eligible to be declared a winner. Sponsor gives entrants permission to use the Sponsor’s name and product in their Entry solely for the purposes of entering the Sweepstakes.
By submitting a Photograph, an entrant hereby acknowledges that they own or have secured all rights to use, publish and copyright the Photograph. Modifying, enhancing, retouching or altering any photographs provided in connection with this Sweepstakes in any way may disqualify the Entry, at the sole discretion of the Sponsor. An entrant may be required to provide a release to the
Sponsor for the submitted Photograph, at the Sponsor’s sole discretion. If a Photograph is taken by another party (Photographer), entrant must receive permission from the Photographer to submit the selected photograph in the Sweepstakes.
SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY
POSTED TO THE WEBSITE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES. IF ENTRY IS REMOVED FROM THE WEBSITE BY SPONSOR, ENTRY IS AUTOMATICALLY DISQUALIFIED.
ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES ARE SUBMITTED ON A NON-‐ CONFIDENTIAL AND NON-‐PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES.
number within forty-‐eight (48) hours of potential winner’s Direct Message, in order to verify the potential winner and award a prize. If a potential winner fails to provide the required information within the designated time frame, or if a prize notification is returned as undeliverable, that
potential winner will be disqualified, and a potential alternate winner will be selected and notified in accordance with these Official Rules. If a potential winner entered via U.S. Mail, such potential winner will be notified via telephone at the telephone number provided in the entry on the dates stated in the Weekly Entry Chart below. Such potential winner will have 48 hours from notification to contact Administrator about the prize. If potential winner does not contact Administrator within the required time frame, that potential winner will be disqualified and an alternate potential winner will be selected and notified in accordance with these Official Rules.
Non-‐winning Entries received for each Weekly Drawing will not be eligible for subsequent Weekly Drawings.
WEEKLY ENTRY CHART:
Week #
Facebook entry rec’d between 12:00:00 AM ET and 11:59:59 PM ET from: Mail-‐in entry postmarked between: Mail-‐in entry received
by: Drawing Date:
Winners notified on/about: 1 7/19/15 – 7/25/15 7/19/15 – 7/25/15 7/31/15 8/3/15 8/3/15 2 7/26/15 – 8/1/15 7/26/15 – 8/1/15 8/7/15 8/10/15 8/10/15 3 8/2/15 – 8/8/15 8/2/15 – 8/8/15 8/14/15 8/17/15 8/17/15 4 8/9/15 – 8/15/15 8/9/15 – 8/15/15 8/21/15 8/24/15 8/24/15 5 8/16/15 – 8/22/15 8/16/15 – 8/22/15 8/28/15 8/31/15 8/31/15 6 8/23/15 – 8/29/15 8/23/15 – 8/29/15 9/4/15 9/7/15 9/7/15
All potential winners will be required to sign and return an affidavit of eligibility/liability release and where legal, a publicity release, within 7 days of issuance in order to claim the prize. Non-‐
compliance within this time frame or with the Official Rules, or if prize or prize notification is
6. PRIZES: Six (6) Grand Prizes (one (1) awarded each week for six (6) weeks): a $500 Visa® Gift Card. Approximate Retail Value (ARV): $500/each. Sixty (60) First Prizes (ten (10) awarded each week for six (6) weeks): a $50 Visa® Gift Card. ARV: $50/each. Total ARV of all prizes: $6,000. All taxes and any other costs not specifically stated within these Official Rules are the sole
responsibility of the winners. A prize may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. All claimed prizes will be awarded. If a winner is 18 years of age or older, but deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian. All general terms and conditions related to Visa® Gift Cards apply. Sponsor will not replace lost or stolen gift cards.
7. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. Sponsor will collect information from the entrant solely for the purpose of administering the Sweepstakes and to notify a winner. Sponsor will not share this information with any third parties, except as necessary for the administration of the
Sweepstakes, unless an entrant has agreed to receive future information from the Sponsor or a third party. Sponsor’s use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the Sponsor’s Privacy Policy available at www.lance.com/BackToSchool. By accepting a prize, a winner consents to the use of his/her name, image, likeness, photograph, voice and biographical material and entry submission, if applicable, for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or
permission, except where prohibited by law. Entrants agree to abide by the terms of these Official Rules and the decisions of the judges and Sponsor, which are final, and waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of North Carolina.
8. GRANT OF LICENSE: By entering the Sweepstakes, entrants grant Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-‐exclusive, worldwide, perpetual, irrevocable, royalty-‐free, sub-‐licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the
Sweepstakes, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Entry (with the understanding that Licensees are under no obligation to do so), or incorporate the Entry into any form, medium or
Licensees, or include any references to entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
9. REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants the following: 1) that he/she is the original author and owner (or represents and warrants that the owner of such rights has expressly granted any and all rights to the entrant for use by the Sponsor as set forth herein, and has written documentation to provide to Sponsor evidencing such rights)) of any and all Entry materials posted, uploaded, or otherwise submitted (modifying, enhancing or altering a third party’s pre-‐existing work does not qualify as entrant’s original creation); 2) the Entry will not, in Sponsor’s sole discretion, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Entrants are prohibited from posting, uploading, or otherwise submitting any entry material that infringes on any copyright, trademark or proprietary rights of another (including publicity and privacy rights); 3) that the Entry is not the subject of any actual or threatened litigation or claim; 4) that the Entry material is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, as determined by the Sponsor; 5) the Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; 6) the Entry does not display any logos or
trademarks not owned by the Entrant; 7) the Entry does not include any disparaging remarks relating to the Sponsor or any 3rd Party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect. 10. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND TENTHWAVE DIGITAL LLC, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION
AGENCIES AND FACEBOOK, INC. AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE
SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-‐RELATED ACTIVITY. THIS LIMITATION OF
LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT
RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED
(INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE
FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected submissions, or problems of any kind, whether
mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged, postage-‐due or misdirected entries or mail. Entry materials that have been tampered with or altered are void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-‐authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner[s] in a random drawing from among all eligible, non-‐suspect entries received prior to action taken. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE
SWEEPSTAKES OR TO 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 (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates the rules or interferes with the Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
11. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina), or any other
12. WINNERS’ LIST: For the names of the winners, available after 9/30/15, mail a self-‐addressed, stamped envelope by 10/31/15 to: Lance Back to School Sweepstakes Winners, P. O. Box 997, Plainview, NY 11803-‐0997.
13. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is S-‐L Snacks National, LLC, 13515 Ballantyne Corporate Place, Charlotte, North Carolina 28277. Administrator: Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY 11747.