HONEY BUNCHES OF OATS #MORNINGENERGY TWITTER SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.  THIS SWEEPSTAKES IS INTENDED FOR PERSONS IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY.  DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE LOCATED ELSEWHERE.

 

DESCRIPTION OF PROMOTION: Via online method only, entrants will have the opportunity to win the prizes described below.  Each entrant must be a follower of @HBOats on Twitter.com.  During the Promotional Period (defined below), each @HBOats follower who tweets a response using the hashtag: #MorningEnergy will be eligible to win.

 

ELIGIBILITY: The Honey Bunches of Oats #MorningEnergy Twitter (the “Sweepstakes”) is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry.  The Sweepstakes is not open to owners, directors, officers or employees of Post Foods, LLC (“Sponsor”), Hunter Public Relations, LLC (“Reviewing Organization”), or their respective parent companies, affiliates, subsidiaries, franchises, agents, distributors, advertising and promotion agencies, fulfillment companies, and members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or those living in the same household of such persons (whether related or not). The Sweepstakes is subject to all applicable federal, state, and local laws, rules and regulations, and is void where prohibited or restricted by law.

 

PROMOTION PERIOD:

Š       Promotional Period: Tweet between 12:00:00 AM Eastern Standard Time ("EST") on MARCH 10, 2014 through 11:59:59 PM EST on March 10, 2014.

 

To enter, become a follower of @HBOats on Twitter (if you’re not already doing so) at https://twitter.com/HBOats.  Then, tweet your response to the question “What would you do with more energy in the morning” using the #MorningEnergy hashtag, during the Promotional Period to be eligible.  Once the tweet has been sent, the follower who tweeted is automatically entered into the Sweepstakes for the Promotional Period during which the message is tweeted.  Entries received after the close of a Promotional Period will not be considered for that Promotional Period.

 

Entries will not be judged.  Data rates may apply.  Entrants are limited to one (1) entry per person and per Twitter account per day within the Promotional Period.  For the purposes of the Sweepstakes, a “day” is defined as 12:00:00 AM EST to 11:59:59 PM EST. Entries must comply with all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules.  Multiple entrants are not permitted to share the same Twitter account.  A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the Twitter account associated with the winning entry and/or an eligible entrant.  Entries not complying in all respects with the Official Rules are subject to disqualification.  Entries that have been tampered with or altered are void.  Sponsor reserves the right to prohibit the participation of an individual failing to comply with any provision in these Official Rules.  Proof of submitting an entry will not be deemed to be proof of receipt by Sponsor.  Entrants may not register/enter with multiple email addresses/Twitter accounts nor may entrants use any other device or artifice to register/enter under multiple identities.  Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any prize won, in Sponsor's discretion.  In the event of a conflict between these Official Rules and Twitter Terms of Use, the Sweepstakes Official Rules shall govern. 

 

ENTRY GUIDELINES: Entries must contain the “#MorningEnergy” hashtag to be valid.  Entries may not be obscene or indecent; cannot be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; may not invade privacy or other rights of any person, firm or entity; may not in any other way violate any applicable federal, state or local laws or regulations or the Terms of Service on the website; may not contain any reference to any third party trademarks, names or third party logos or any copyrighted components (other than Sponsor’s trademarks, names, logos and/or copyrighted components); and cannot contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses. Entries not in compliance with the Entry Guidelines may be disqualified. 

 

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT SPONSOR’S DISCRETION.  Submission of an entry grants Sponsor and its agents the right to publish, use, adapt, edit, and/or publicly perform and/or modify such entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.

 

ENTRIES TWEETED ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.  Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.  By submitting an entry, you agree that your entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, which Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.  You acknowledge that, by acceptance of your entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

 

WINNER PRIZE SELECTION AND NOTIFICATION: Winner will be selected at random.  A total of one (1) winner will be selected at the close of the Promotional Period.  Winner will be notified via direct message by @HBOats on Twitter.com at the same address (Twitter handle) through which they entered the Sweepstakes no more than ninety-six (96) hours following the end of the Promotional Period.  To receive the prize, the potential winner must direct message @HBOats their mailing address within seventy-two (72) hours of Sponsor’s sending such notification.  A potential winner who does not respond to winner notification within such seventy-two (72) hour period may forfeit his/her prize and an alternate potential winner may be selected.  If three (3) alternate potential winners are selected without successfully securing an eligible winner, the prize(s) for that Promotional Period may go unawarded.  Prize will be shipped within 6-8 weeks of verification. Sponsor is not responsible for any change in entrant's email, Twitter account information, mailing address and/or telephone number.  Potential winner is subject to verification, including verification of age. 

 

PRIZE VALUE AND ODDS OF WINNING: One (1) single prize will be awarded during the Promotional Period.  Total approximate retail value of the prize: $1,000. Winner shall receive one Visa gift card in the amount of $1,000. Gift card subject to terms and conditions of issuer.

 

The odds of winning depend on the number of eligible entries received.  Prize is subject to the restrictions set forth in these Official Rules.  Prize is not transferable.  No prize substitutions or cash alternatives are allowed except as may be determined by Sponsor in its sole discretion.  Sponsor will not replace any lost, mutilated, or stolen prizes.  All federal, state, and local taxes and fees associated with the prizes, if any, are the sole responsibility of the winner.  Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion.

 

GENERAL CONDITIONS:

 

Š     By entering the Sweepstakes, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor, its member companies, Reviewing Organization, Twitter, Inc., and its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies and any prize-sponsoring agency (collectively, “Released Parties”), from any and all liability whatsoever in connection with or related to this Sweepstakes, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants’ privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”) WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES; (c) that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (d) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes; and (e) that NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THIS SWEEPSTAKES OR A PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN “AS IS” BASIS.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY PROMOTION MATERIALS OF ANY PRIZE.

 

Š     In the event of a discrepancy or inconsistency between disclosures or other statements contained in any promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

 

Š     Repetitive electronic submission of entries of any kind are prohibited, and any such entries will be disqualified.

 

Š     Neither Sponsor nor its agents or representatives is responsible for (a) typographical errors, omitted details or any other errors submitted by entrants, or errors in the printing of these Official Rules, the administration or fulfillment of the Sweepstakes or the announcement of prizes; (b) lost, late, illegible, incorrect, incomplete, misdirected, misaddressed, garbled or otherwise mutilated, stolen or delayed entries; (c) errors, omissions, interruptions, deletions, defects, destruction, theft or unauthorized access to, or alteration of entries or other problems (whether due to technical problems, human error or any combination thereof); (d) telephonic, mechanical, electronic, hardware or software program, network, Internet or computer malfunctions, communications line or other failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; or (e) any delay experienced by entrants in tweeting due to (i) variations in the speed with which different Internet servers or connections receive, send and otherwise process digital information or (ii) any other technical reason, whether due to the nature of digital systems, the Internet or otherwise.

 

Š     Without limiting anything set forth elsewhere in these Official Rules, in case of any dispute, entries will be deemed submitted by the Authorized Account Holder of the Twitter account submitted at the time of entry.  Authorized Account Holder” is defined as the natural person who is in control of the email address associated with the Twitter account used at the time of entry.  An entrant may be required to provide Sponsor with proof that he/she is the Authorized Account Holder of the Twitter account associated with his/her entry.  An entrant’s entry will be disqualified, at the sole discretion of Sponsor, if he/she attempts to (a) enter the Sweepstakes through any means other than described in these Official Rules; or (b) disrupt the Sweepstakes, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Sweepstakes.  Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any portion thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; infection by computer virus; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Sweepstakes.  In such event, the Sweepstakes shall be conducted from among all eligible entries received prior to suspension, modification or cancellation, if any, prior to the date on which the event that compromised the Sweepstakes occurred as follows: the winner will be selected in a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor, in which event, notice will be tweeted from @HBOats.

 

Š     Except where prohibited and subject to the releases and other provisions of these Official Rules, each entrant: (1) agrees that any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of New Jersey; (2) agrees that any and all claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Sweepstakes; (3) agrees that no indirect, punitive, incidental, special, consequential or other damages, including without limitation lost profits, may be awarded (collectively, “Special Damages”); and (4) waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.

 

Š     The Sweepstakes and these Official Rules are governed by the laws of the State of New Jersey, without regard to its conflicts of law rules.

 

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR 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 REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

 

ENTRANT’S PERSONAL INFORMATION: Information collected from entrants during the Promotional Period will be used in accordance with Sponsor’s privacy policy located at http://www.postfoods.com/privacy-policy.  Winner’s name may be included in a publicly available winners list.

 

OFFICIAL RULES: These Official Rules will be posted at http:www.MorningEnergySweeps.com

Individuals may request a hard copy of these Official Rules by sending a self-addressed, stamped #10 envelope to: Honey Bunches of Oats #MorningEnergy Twitter Sweepstakes (Rules), Hunter Public Relations, 41 Madison Ave, FL 5, New York, NY 10010.  Requests for Official Rules must be postmarked by March 31, 2014.

 

WINNER LIST: The name of the winner may be obtained by sending a self-addressed, stamped envelope to: Honey Bunches of Oats #MorningEnergy Twitter Sweepstakes (Winner), Hunter Public Relations, 41 Madison Ave, FL 5, New York, NY 10010.  Requests for Winner List must be received by April 30, 204.

 

SPONSOR: Post Foods, LLC, 1 Upper Pond Rd., Parsippany, NJ 07054.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Visa.