NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO ENTER:
The Fannie May® Celebrates 100 Years Sweepstakes (the “Sweepstakes” or “Promotion”) begins at 12:00:00 AM (ET) on Monday, November 16, 2020 and ends at 11:59:59 PM (ET) on Sunday, December 13, 2020. (“Promotion Period”).
During the Promotion Period, there are three (3) ways to enter:
a. You may enter by either posting a photo, or by telling us in 50 words or less, on the official Fannie May® Facebook page ( https://www.facebook.com/FannieMayChocolates ), “how chocolate made the moment special”, and by including the hashtag #fanniemay100sweeps. Doing so will require you to have a Facebook account. If you do not have a Facebook account, sign-up is free at https://facebook.com.
b. You may enter by posting a photo on Instagram showing “how chocolate made the moment special” using the hashtag #fanniemay100sweeps. User must also follow the official Fannie May Instagram account @fanniemaychocolates. Entering via Instagram will require a mobile device with a camera during the Promotion Period. You must also have the Instagram app on your mobile device. If you do not have an Instagram account, sign-up is free at https://www.instagram.com.
c. You may enter by tweeting on Twitter showing “how chocolate made the moment special” using the hashtag #fanniemay100sweeps. User must also follow the official Fannie May Twitter account @fmchocolate. If you do not have a Twitter account, sign-up is free at https://twitter.com/signup.
Submitting an original photo (or written submission, at user’s option) using the above method from your public account on Facebook, Instagram or Twitter will result in one entry, subject to compliance with these Official Rules. If entering via Facebook, a photo/post other than on the official Fannie May® Facebook page https://www.facebook.com/FannieMayChocolates will NOT result in entry. Private messages photo or posting of Chocolate themed photo/post on one’s Personal Timeline will NOT result in entry. If entering using a mobile device, entry may require data usage or incur data usage charges. Such charges may apply regardless of whether you are successful in posting and entering the Sweepstakes. Check your mobile plan for rates/details. Wireless access may not be available in all areas.
Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete, incorrect or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Facebook, Instagram or Twitter account/handle used to enter the Promotion will be deemed to be the entrant.
Submitted Chocolate themed photo (including, any accompanying caption) for Promotion entry must not:
- include any person other than yourself, without their written permission, or otherwise violate the intellectual property (including trademark, copyright, right of publicity, right of privacy) of any third party;
- include any anti-social, political or religious images or descriptions, and should not include any other person’s/companies’ full name, address, email address, phone number, or URL
- contain advertisements, personal solicitations or commercial solicitations.
- contain material that is illegal, inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group) in Sponsor’s sole discretion.
- contain material that advocates aggressive or violent behavior.
- contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or other trait.
- contain material that disparages or adversely affects the goodwill and business reputation of Sponsor or its Fannie May® product.
- Make any health claims regarding the Fannie May® product or suggest/imply that the Fannie May® product should be consumed other than in accordance with the label of same.
- Contain material that is irrelevant to the theme of the Sweepstakes.
If Sponsor/Administrator determines in their sole discretion that a post/photo is in violation of any of the foregoing requirements or these Official Rules, the post/photo will be void and will not result in Promotion entry.
To the extent that your photo includes an endorsement of Fannie May®, you represent and warrant that the post/photo is truthful in all material respects and accurately references your actual experience in using such product.
Subject only to those rights retained by Facebook, Inc. Instagram or Twitter (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the post/photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant further agrees, upon Sponsor’s request and without compensation, to use commercially reasonable efforts to assist Sponsor in obtaining a similar grant of rights from other individuals included in his/her post/photo.
POSTS/PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.
Sponsor may acknowledge receipt of posts/photos for entry, including by commenting upon or re-posting them. Should Sponsor choose to do so, any such acknowledgment merely indicates that the post/photo has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Promotion.
Limit one (1) entry per person, per social platform, per week for a total of 3 entries per week totaling 12 entries over the 4-week promotion duration. Use of any automated program or like means to violate the entry conditions (including the entry limit) will void all that entrant's entries and that entrant will be disqualified from the Sweepstakes.
The Fannie May® Celebrates 100 Years Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry, who have a valid Email, and Facebook, and/or Instagram , and/or Twitter account as of the time of entry, and who are not a commonly recognized public figure (e.g., celebrity, politician, etc.) as determined by Fannie May Confections Brands, Inc. (the “Sponsor”) in its sole discretion. Employees, agents, directors and officers of Sponsor, Berlin Productions, Inc. (“Administrator”), and any of their respective parents, affiliates, subsidiaries, representatives and fulfillment, advertising, marketing and promotion agencies (collectively, the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee/agent/director/officer are not eligible to enter or win. Void in Puerto Rico and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Sweepstakes.
3. SELECTION OF WINNERS
Twenty-five (25) winners will be selected each week during the 4 week promotion period for a total of 100 weekly winners. An additional Five Grand Prize winners will be selected upon promotion completion for a total of 105 prizes to be won.
The weekly drawings will take place on the following dates by the Administrator, whose decisions are final and binding.
Week 1 random drawing conducted on Monday 11/23/20 Twenty five winners selected
Week 2 random drawing conducted on Monday 11/30/20 Twenty five winners selected
Week 3 random drawing conducted on Monday 12/7/20 Twenty five winners selected
Week 4 random drawing conducted on Monday 12/14/20 Twenty five winners selected
Grand Prize drawing conducted on 12/18/20. Five winners selected
Entries will not be carried over from week to week for the weekly random drawings but all entries will be eligible for the Grand Prize drawing.
AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Provided that the content of the post/photo is in compliance with these Official Rules, the quality of the post/ photo will NOT be taken into account in the winner selection process.
Potential winners will be notified by direct message (i.e., private message) on Facebook, Instagram and Twitter. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM FANNIE MAY (i.e., @fmchocolate). THE DIRECT MESSAGE WILL CONTAIN A SECURE LINK FOR ENTRANT TO PROVIDE MAILING INFORMATION. A response is required to such notification within 48 hrs. from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified and an alternate winner may be selected from among all remaining eligible entries received. In the notification, potential winner will be directed to a user acceptance form via secure url where he/she will provide his/her additional contact information (e.g., e-mail, name, street address, no PO boxes) for purposes of winner verification and prize claim.
In the event a potential winner cannot be contacted, fails to comply within the 48-hour time period corresponding to each step of the winner notification/verification process, he/she is disqualified for any reason or if the prize is returned as undeliverable to winner), the prize will be forfeited and Sponsor may choose an alternate potential winner in the manner set forth above.
Odds of winning a prize will depend upon the total number of eligible entries received for the random drawing.
4. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)
One hundred and five (105) Prizes are available to be won in the Promotion (100 weekly prizes and 5 Grand Prizes )
5 Grand Prizes to include an assortment of Fannie May Chocolates (Pixies, Dark Chocolate, Nut and Caramel, Double Dark Sea Salt Pixies, Holiday Mix, Foil Wrapped Chocolate and Santa Chocolate).
28 First prizes to include a box of one lb. Double Dark Chocolate Sea Salt Pixies,
44 Second prizes to include a box of one lb. Milk Chocolate Pixies,
28 Third prizes to include an eighteen oz. bag of S’mores Mix
Grand Prize ARV: Each of 5 Grand Prizes ARV: $156.91
Weekly Prize (25 prizes per week for 4 Weeks) ARV:7 First Prizes @$29.99, 12 Second Prizes @$24.99, 7 Third prizes @$14.99
Total ARV of all Prizes: $3,243.51
5. PRIZE RESTRICTIONS: No prize transfer or cash redemption. No prize substitution, except by Sponsor who reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Any stated difference between the approximate retail value and actual value of prize or any substituted prize will not be awarded. Any federal, state, and local taxes on prize are the sole responsibility of Winner. All costs and expenses not specified herein as being awarded are the sole responsibility of Winner. In no event will more than the stated number of prizes be awarded. Sponsor and Administrator are not responsible for any change of potential winner’s email address (as applicable) or if email address (for potential winner)) is incomplete or otherwise defective.
6. GRANT OF RIGHTS: By submitting an Entry, Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of post with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered. The Potential Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their post. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
7. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant's participation in or attempt to participate in the Promotion, or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of the Fannie May® Facebook page or any promotion-related website in whole or in part for any reason (for Facebook, Instagram or Twitter including filtering or other operation of the social media platform); (h) traffic congestion on the Internet, on Facebook, Instagram or Twitter or any promotion-related website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry procedure and/or the prize claim procedure , whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an email address or Facebook, Instagram or Twitter account/handle used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries or prize claims (as applicable), the announcement of the prizes or any Promotion-related materials. Use of the Fannie May® Facebook page or any promotion-related website is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person's computer or mobile phone resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of the Sweepstakes.
8. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering the Promotion, each Entrant agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, city and state of residence, photographs and/or likeness, and post for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, except where prohibited by law; (b) that Sponsor and its designees shall have the right and permission to (i) alter, amend, edit or change Entries, including the post, prior to distribution and (ii) use, distribute, reproduce, alter, amend and copyright Entries, including any post, photo submitted as an entry of the Promotion for purposes of advertising and trade (including in conjunction with posting on the Fannie May® Facebook page) without compensation, unless prohibited by law; (c) to release the Released Parties as well as Facebook, Instagram or Twitter from all liability and to indemnify, defend and hold harmless the Released Parties as well as Facebook, Instagram or Twitter from and against any claim, action, liability, loss, injury or damage to Entrant, or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant, or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of the Prize, (ii) participation in or administration of this Promotion, (iii) the use (or non-use) of any entry or any of the rights granted herein; (iv) defamation, violation of right of publicity or right of privacy; and (v) any element of this Promotion; (d) to assume all liability for any injury or damage related to (c) (i)-(v); (e) to be bound by the Official Rules (f) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (g) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (h) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (i) that New York law (without regard to principles of conflict of law/choice of law) shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if Sponsor suspects fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any other similar causes or factors beyond Sponsor's reasonable control could corrupt, impair or compromise the administration, security, integrity or fairness of the Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion. Should the Sweepstakes (or any portion thereof) be cancelled or terminated for any of the aforementioned reasons, the Sweepstakes will be conducted in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event the Sweepstakes is cancelled or terminated, notice will be posted on the Fannie May® Facebook page. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials, including without limitation, the Fannie May® Facebook page or any promotion-related website and the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including the post/photo, becomes property of Sponsor.
Any damage made to Fannie May® Facebook page or any promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Any Entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor/Administrator. Sponsor/Administrator reserve the right, in their sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the entry process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted (i.e., more than one  entry per social platform per week), and/or if Sponsor suspects that an Entrant attempted to obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
9. NOTICE TO ENTRANTS : ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROMOTION AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THIRTEEN DOLLARS ($13.00). 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (WITH THE SOLE EXCEPTION OF THE PRIZE, TO THE EXTENT APPLICABLE). SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED (IN WHOLE OR IN PART) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC/EPIDEMIC, WEATHER, OR TERRORISM. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. WINNERS’ LIST : You may request a winner’s list by mail by sending a self-addressed stamped envelope to Fannie May Celebrates 100 Years Sweepstakes c/o Berlin Productions, 870 Locke Ln Yorktown Heights, NY 10598. Requests must be received by January 31, 2021.
12. SPONSOR: Fannie May Confections Brands, Inc., 5353 Lauby Road, North Canton, OH 44720.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM OR TWIITER.
13. ADMINISTRATOR : Berlin Productions, Inc., 870 Locke Ln Yorktown Heights, NY 10598.
© 2020 Fannie May Confections Brands, Inc. All rights reserved.