Pearson’s Salted Nut Roll and MN Twins First Pitch Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
PURCHASE DOES NOT INCREASE THE CHANCE OF WINNING. INTERNET ACCESS AND A VALID FACEBOOK PERSONAL ACCOUNT WITH MESSENGER ENABLED ARE REQUIRED TO ENTER.
**WINNER IS RESPONSIBLE FOR ANY RELATED TAXES. **
Participation in and submission of an Entry to the Salted Nut Roll and MN Twins First Pitch Sweepstakes (the “Promotion”) constitutes your agreement to be bound by these Salted Nut Roll and MN Twins First Pitch Sweepstakes Official Rules (the “Official Rules”).
1. Promotion Period. The Promotion shall occur during the period commencing
at 12:00:00 PM Central Time (“CT”) on Wednesday, June 9, 2021 and ending
at 12:00:00 AM CT on Wednesday, June 23, 2021 (the “Promotion Period”). Entries submitted past the expiration of the Promotion Period as set forth above will not be accepted. ENTRIES DO NOT CARRY FORWARD AND ARE NOT ELIGIBLE FOR ANY SUBSEQUENT PROMOTIONS.
2. Sponsor. The Promotion is sponsored solely by St. Paul Candy Company, a.k.a. Pearson Candy Company (“Sponsor”).
3. Eligibility. Participation is open only to living individuals residing in, and being citizens or legal permanent residents of, the fifty (50) States of the United States and the District of Columbia during the Promotion Period who are at least 18 years of age or older
(except residents of Alabama and Nebraska who must be 19 years of age or older, and residents of Mississippi who must be 21 years of age or older) as of the commencement of the Promotion Period. Entries submitted through business or entity Facebook accounts (rather than individual accounts) will be disqualified. VOID IN PUERTO RICO AND ALL OTHER U.S. TERRITORIES, AND OUTSIDE THE U.S., AND WHERE PROHIBITED OR RESTRICTED BY LAW. Entrants must fulfill all requirements set forth in these Official Rules in order to remain eligible for the Prize.
Eligibility does not include: Employees, officers and directors of Sponsor, Minnesota Twins, LLC, Twins Ballpark, LLC and their respective subsidiaries, members, affiliates, advertising, promotion and web design agencies, and any other individuals or entities associated with the development, administration, promotion, advertising, execution of, or supply to this Promotion (collectively, “Promotion Entities”); and family members or persons living in the same household as such individuals, whether related or not, are not eligible to participate or win. Participation in this Promotion constitutes your agreement to be bound by these Official Rules.
4. How to Enter. Sponsor will place a Facebook post announcing the Promotion on or around June 9, 2021 (the “Hero Post”) at the top of Sponsor’s official “Salted Nut Roll” Facebook page. To enter the Promotion, you must, during the Promotion Period, submit an entry (“Entry”) by doing BOTH of the following: (1) “like” the Hero Post by clicking on Facebook’s “like” icon underneath the Hero Post; ; and (2) “comment” on the Hero Post by clicking on the “comment” icon underneath the Hero Post and answering the following question: “If you could throw one pitch at a Twins game, what would it be?Curveball? Fastball? Giant rainbow, or other, and if so, which one?”. Only one Facebook user account may be used for one Entry, and multiple comments do not count towards multiple Entries. Entries may only be made by liking and commenting on the original Hero Post, NOT on any other of Sponsor’s Facebook or other social media sites. All Entries must be submitted by the original creator and must not contain any copyrighted material owned by third parties.
Entries do not carry forward and are not automatically entered in subsequent promotions of Sponsor. Multiple participants are not permitted to share the same Facebook accounts. Any participant who attempts to participate with multiple accounts or attempts to enter multiple times in violation of these Official Rules will be disqualified. In the event of a dispute over who submitted an Entry, the authorized account holder of the Facebook account, as of the actual time of Entry, will be deemed to be the participant. In the event of a dispute about the identity of an entrant, Sponsor may require that the potential Prize Winner provide proof that he/she is the authorized account holder associated with the Entry or other authenticating information.
Proof of submission of an Entry shall not be deemed proof of receipt by Sponsor. Sponsor is the official timekeeper for the Promotion. Once submitted, Entries will not be acknowledged or returned. By entering the Promotion, each participant agrees to be bound by these Official Rules and the decisions of Sponsor in connection with the Promotion, whose decisions are final and binding on all matters relating to the Promotion. Winning a prize is contingent upon fulfilling all of the requirements in these Official Rules.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANTS TO THE FULLEST EXTENT OF THE LAW.
Sponsor may disqualify an entrant from the Promotion if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, fraud, deception, or other unfair practices (including submitting an Entry that is not the entrant’s own original creation) or intending to annoy, abuse, threaten, defame, embarrass, invade the privacy of, infringe or misappropriate the rights of, or harass any other entrants or Sponsor’s representatives, or advertise or promote third party products or services, or if the Entry contains information or materials that are obscene, violent, racist, pornographic, hateful, illegal, misleading, false, deceitful or unlawful or objectionable, or that promote illegal drug use, tobacco or firearms or that use the names or likenesses of persons living or dead without their permission or that are generated by a script, macro or other mechanical or automated means.
5. Random Drawings/Odds of Winning. One (1) winner (the “Prize Winner”) will be selected after the Promotion Period in a random drawing by Sponsor on or around June 25, 2021. Entries included in the random drawing will be selected from among all eligible Entries through the dates of the Promotion Period. The odds of winning depends upon the number of Entries. While Sponsor encourages participants to share the Hero Post with their friends, doing so will not increase their chances of winning.
6. Prize. The Prize Winner will receive a prize (the “Prize”) consisting of the following: (i) four (4) tickets to a Minnesota Twins home game anticipated to take place on August 13, 2021 (the “Game Day”) at Target Field in Minneapolis, Minnesota; (ii) one (1) Minnesota Twins Jersey; (iii) one (1) Minnesota Twins baseball hat; (iv) one (1) souvenir Minnesota Twins baseball; and (v) the opportunity for the Prize Winner to throw out the first pitch at Game Day. Approximate Retail Value (“ARV”) of the prize is Three Hundred US Dollars ($300.00). The ARV of the Prize may fluctuate and change between the date of commencement of the Promotion and the date that the Prize is awarded or redeemed. Prize Winner will not receive the difference between actual and approximate retail values.
Prize Winner will receive electronic tickets to gain access to the stadium for the first pitch prize. The Prize Winner is responsible for transportation to and from the game, and any costs associated with transportation. A representative of the SPONSOR or the Minnesota Twins will be in contact with Prize Winner regarding logistics of the Prize using the contact information to be provided by the Prize Winner after notification that his or her name has been drawn, and it is the responsibility of the Prize Winner to then communicate directly with the Minnesota Twins and follow all guidelines and rules for the day of the Prize. Exact seat locations for Game Day will be determined in sole discretion of Sponsor. All costs and expenses associated with Prize acceptance and use not specified herein as being provided are the sole responsibility of the Prize Winner and Prize Winner’s guests, including but not limited to travel, lodging, meals, and gratuities.
Prize may not be assigned, transferred, changed, or redeemed for cash, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute a Prize in its sole discretion if the designated Prize should become unavailable for any reason, including without limitation, by instead pre-recording the Prize Winner’s opening pitch on the stadium field while the Minnesota Twins team is on the road and replaying it during pre-game with the Prize Winner in attendance, or pushing the opportunity into later in the current or 2022 Minnesota Twins season.
7. Taxes. The Prize Winner shall be solely responsible for all (i) federal, state, provincial and/or local taxes, and (ii) other fees and expenses not specified herein associated with the receipt and use of each Prize. The Prize Winner may be required to complete and submit an IRS Form W-9 with his or her social security number or the equivalent for receipt of the Prize. Failure to submit a complete W-9 or equivalent may result in forfeiture of the Prize. The Prize value may be reported to the IRS and other appropriate government agencies. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Winner Notification; Release Document. The Prize Winner will be notified by a public reply comment to the drawn Entry on the Facebook Hero Post as well as a private Facebook Messenger message from Sponsor’s Salted Nut Roll Facebook account to the Prize Winner on or around June 30, 2021 after completion of the random drawing. If the potential Prize Winner does not respond to the Messenger message within forty-eight (48) hours after Sponsor sends it, a potential Prize Winner is ineligible, or a Prize Winner declines the Prize, or in the event of noncompliance with these Official Rules, the Prize will be forfeited and may be awarded to an alternate Prize Winner in Sponsor’s sole discretion by a second random drawing. If an alternate Prize Winner does not respond within forty-eight (48) hours or declines the Prize, or in the event of noncompliance with these Official Rules, the Prize may remain unawarded in Sponsor’s sole discretion. Prize Winner is subject to verification, including verification of age. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants. P.O. Boxes are not acceptable as mailing addresses. Awarding of Prize is subject to verification of the Prize Winner’s eligibility and full compliance with these Official Rules.
As a further condition of accepting the Prize, the Prize Winner must: (i) execute and return a Release of Liability and Publicity document if provided by Sponsor or the Promotion Parties within two (2) business day(s)of request; and (ii) provide Sponsor with his/her social security number upon request and a copy of a valid government issued photo identification along with the above Release document. Failure to sign and return the Release will result in forfeiture of the Prize. Failure to return all required documents in this time period may result in the potential Prize Winner being disqualified and an alternate Prize Winner being selected, time permitting. Any unclaimed
and/unused portion of a Prize will be forfeited and will not be substituted, nor will there be any refund for any unclaimed and/or unused portion of a Prize.
A. THIS PROMOTION IS IN NO WAY SPONSORED BY, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM. Each of Prize Winner’s companions must be of legal age of majority in their jurisdictions of residence, unless accompanied by a parent or guardian. Each Winner and his/her guest(s) must comply with all applicable ballpark regulations in connection with the Prize. Sponsor, Minnesota Twins and LLC, Twins Ballpark, LLC reserve the right to remove or to deny entry to any Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game.
B. Game Day Changes. Game Day events and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played on Game Day, and the Released Parties (defined below) will not be responsible for, acts of God, acts of terrorism, civil disturbances, work stoppage, quarantines, pandemics, inclement weather, natural disaster or cause outside their control that may cause the cancellation or postponement of the first pitch and/or Game Day.
C. Promotion Cancellation or Modification. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify, or suspend this Promotion for any reason in its sole discretion. The Promotion Entities and other Released Parties and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for any (i) hardware, software or telephone or technical failures of any kind; (ii) misdirected, late, or lost Entries; (iii) lost, interrupted, inaccessible or unavailable networks, servers, devices, or wireless service providers, websites, or other connection, availability or accessibility problems (iv) delayed, non-delivered or misdirected email transmissions or any errors or failures of any kind, whether human, mechanical, clerical or electronic; (v) any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Promotion violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion.
D. Waiver; Governmental Action. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid by a court of competent jurisdiction, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or provincial or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any participants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any participants who are disqualified due to such an action.
Rules Ownership of Entries. Entries shall not be deemed to have made to Facebook Sponsor shall, to the fullest extent permitted by law, automatically have all right, title and interest in all submitted Entries (and their associated comments), including, without limitation, all copyrights and other intellectual property rights. To the extent that any right, title, or interest in the Entry does not automatically vest in Sponsor or may not be assigned pursuant to the assignment above, entrant grants Sponsor a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, fully paid-up, assignable license to reproduce, use, display, modify, and create derivative works, including, without limitation, translations, of the Entry, along with the name and Facebook profile picture of the individual who submitted the Entry. Entrant will execute any further written assignments or other documents requested by Sponsor before and after the contest in order to assign, vest, confirm and perfect all of the foregoing rights in Sponsor at no charge.
E. Publicity. Acceptance of the Prize constitutes permission and the grant of the right
(except where prohibited), for Sponsor and its designees to use, publish and display throughout the world, in perpetuity, the Prize Winner’s name, voice, image, likeness, photographs, statements, biographical information and any other personal characteristics (including, without limitation, any video footage of the Prize Winner throwing out the first pitch), in any and all media now or hereafter known, for any purpose, including without limitation marketing, promotional and/or publicity purposes, without additional compensation, permission or notification to the Prize Winner.
The Prize Winner must be available for interviews and photos, on dates and times to be decided by Sponsor, for release in national and regional television, newspapers, magazines, and Sponsor marketing and promotional materials in all mediums if requested by Sponsor.
F. Release of Liability. By participating, all participants, to the fullest extent permitted by law, release, indemnify and agree to hold harmless the Released Parties and Facebook, Inc. and each of their respective officers, directors, employees, representatives and agents from and against any and all liabilities, claims, judgments, injuries, damages, expenses, or losses whatsoever, including without limitation, property damage, personal injury and/or death (except to the extent such personal injury or death is caused by such Released Party’s own gross negligence or willful misconduct) which may occur in connection with the Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy.
G. Third Party Terms and Conditions. The Prize may be subject to additional terms, conditions, and restrictions of third-party providers, including but not limited to access to the Internet. You acknowledge and agree that Sponsor will not be responsible for any agreement between you and such third-party providers, or any content, applications or software provided by such third parties.
H. Minnesota Law. Except where prohibited, by participating each participant agrees that all issues, disputes, causes of action and questions concerning, or arising out of the construction, validity, interpretation and enforceability of, these Official Rules, or the rights and obligations of participants and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of law of any jurisdiction. Except where prohibited, by participating in this Promotion, each participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the Prize, shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or State Courts of Ramsey County, Minnesota, and entrant hereby consents to the jurisdiction of such Court ; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
10. Request for Winner List and Official Rules. For Official Rules and/or the Prize Winner, send a self-addressed stamped envelope to: Pearson’s Candy Company, 2140 7th St W, St Paul, MN 55116. Residents of Vermont may omit return postage on rules requests. The winner information will be available 30 days after the end of the Promotion Period.
© 2021 Pearson’s Candy Company. All Rights Reserved.