Barbara’s and Barefoot Books Sweepstakes
Official Rules and Regulations
1. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
2. ELIGIBILITY: The Barbara’s and Barefoot Books Sweepstakes (“Promotion”) is offered and opened only to legal residents of the Fifty (50) United States and the District of Columbia who are 18 years old or the age of majority in their state of residence, whichever is older. Employees, officers and directors of Barbara’s Bakery, Inc. (“Sponsor”), Barefoot Books, and those responsible for the development, promotion, distribution and implementation of this Promotion, and of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, web masters, and printing suppliers for this Promotion, and the immediate family members (parents, siblings, children and spouse), regardless of where they live, or persons living in the same household, whether related or not, of all such employees, officers and directors, are ineligible. By participating you agree to these Official Rules and the decisions of the Sponsor and Barefoot Books which are final and binding in all respects. Void in any jurisdiction in which this Promotion is not open and offered, and elsewhere where prohibited.
3. PROMOTION PERIOD: The Promotion begins on August 1, 2013 at 12:00:01 p.m. Eastern Daylight Time (“EDT”) and ends one week after live date at 11:59:59 p.m. EDT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
4. ONLINE ENTRY: To enter the Promotion, entrants must be a registered member of Facebook.com. If a user does not have a Facebook Account, s/he can go to www.facebook.com and register for an account for free. To enter, visit https://www.facebook.com/BarbarasBakery and follow the on-screen instructions provided (1.) click the Barbara’s Promotion Tab and “LIKE” the Barbara’s Brand page (2.) register for the Promotion by properly completing all the required fields in the entry form, (3.) electronically agree to accept these Rules (collectively, “Entry”). This Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Each entry submitted during the Sweepstakes Period must meet all entry requirements and must be unique. No automated entries. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is 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 address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural 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 winners may be required to show proof of being the authorized account holder.
5. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
6. WINNER NOTIFICATION: Potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. The potential prize winner will be notified by email after the date of the drawing or at the end of the Promotion. Only the Grand Prize Promotion winner will be contacted for Prize Verification. If a potential winner of any prize cannot be contacted within 3 business days, he/she forfeits the prize. In the event that a potential winner is disqualified for any reason or a prize winner declines a prize, Sponsor will award the applicable prize to an alternate winner. There will be one (1) alternate drawing for the Grand Prize after which the Promotion prize will remain un-awarded. Unclaimed Grand Prize will remain un-awarded. All prizes will be fulfilled to each winner after conclusion of the Promotion. Allow approximately 8-10 weeks for delivery of all prizes.
7. PRIZE GIVEAWAY AND APPROXIMATE RETAIL VALUE:
Grand Prize Winner: One (1) Prize
No cash equivalent will be awarded and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. One Grand Prize Winner will receive $300 worth of books with the variety determined by Barefoot Books and an entire case consisting of (12) boxes of Barbara’s cereal to be determined by Barbara’s at an approximate MSRP of $60. Odds of winning a Promotion prize depend on the number of eligible entries received during the Promotion Period. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
All expenses and costs associated with the acceptance and use of the prizes are the sole responsibility of the individual prize winners. The Approximate Retail Value (“ARV”) of each prize set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed.
The ARV does not include shipping and/or handling cost of sending prizes to winners.
The approximate Total Approximate Retail Value (“ARV”) of all the Prizes in the Barbara’s “Promotion” (excluding shipping & handling): = $360
8. RELEASE: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Barefoot Books 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.
9. PUBLICITY: Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s and its agents’ use of entrant’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries 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 the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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.
11. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for lost, late, incomplete, stolen, misdirected Entries, postage due, or illegible mail, email; or human error that may occur in the receipt or processing of mail, shipping, or email (whether to or from Promotion entrants); or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of any information, or the failure to capture, or loss of, any information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Promotion or any web site related to the Promotion, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like methods for any reason whatsoever may disqualify any participant using such methods. The Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading or printing materials from or use of any web site related to the Promotion. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and award the prizes in a manner deemed fair and appropriate by Sponsor.
The Sponsor makes no warranties relating to the prizes. The Sponsor expressly disclaims any representations or warranties, including and without limitation, the implied warranty of merchantability and fitness for a particular purpose.
12. ARBITRATION/CHOICE OF LAW: Except where prohibited, Promotion entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, any prize awarded, shall be resolved individually, without resort to any lawsuit, exclusively by arbitration in Massachusetts pursuant to the Rules of the American Arbitration Association, then effective, and (b) any and all claims, judgments and awards shall be limited to the actual out-of-pocket costs incurred by participant in participating in the Promotion. Entrants agree to waive all claims for actual, direct, indirect, punitive, consequential, multiple, special and other damages, costs, and/or attorneys’ fees.
Promotion entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or Sponsor’s rights and obligations in connection with the Promotion, shall be governed by and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other that the Commonwealth of Massachusetts.
14. WINNER’S LIST: For the Winner’s List, send an email with Subject Line: “Barbara’s/ Barefoot Books Sweepstakes” to email@example.com. Requests must be received by August 20, 2013.
15. SPONSOR: Barbara’s Bakery, Inc., 300 Nickerson RdMarlboro, MA01752