THE ORIGINAL GUMMI FUNMIX SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN
- SWEEPSTAKES PERIOD: The Original Gummi FunMix Sweepstakes (the “Sweepstakes”) 1. starts July 1, 2021 at 12:00 a.m. Eastern Time (“ET”) and ends August 31, 2021 at 11:59 p.m. ET (“Sweepstakes Period”).
- ELIGIBILITY: Open only to legal residents of the 50 United States or the District of Columbia, who are, as of date of entry, at least eighteen (18) years of age. Employees of Promotion In Motion Inc. d/b/a PIM Brands Inc. (the“Sponsor”), Don Jagoda Associates, Inc., FastForward Digital LLC d/b/a eDesign Interactive, Revolution Digital, SwellShark LLC, their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.
HOW TO PLAY/ENTER: During the Sweepstakes Period, visit https://gummifunmix.com/Sweepstakes and follow the on-screen instructions to complete the registration form, including uploading a selfie with a pack of Original Gummi FunMix, to receive one (1) entry (“Entry”) into the random drawing. If you do not wish to upload a selfie, see Exhibit A for an alternate image that you may upload. Next, click where indicated to select a Gummi FunMix product to reveal an animation and a message indicating whether or not you have won a prize instantly (subject to verification) (“Game Play”). If you have won a prize instantly, you will then be required to complete an additional registration form to provide your complete mailing address. If you do not complete the additional registration form and provide your complete mailing address, your Game Play will be disqualified.
Limit three (3) Entries/Game Plays per person per day. Any attempt by any entrant to obtain more than the stated number of Entries/Game Plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such Entries/Game Plays and that entrant will be disqualified. Normal Internet/phone access and data/usage charges imposed by your online/phone service provider will apply. All Entries/Game Plays must adhere to the Official Rules of the Sweepstakes. Any Entry/Game Play that does not adhere to the Official Rules is subject to disqualification from the Sweepstakes.
ALL WINNING MESSAGES ARE SUBJECT TO THESE OFFICIAL RULES, WHICH PARTICIPANT AGREES TO BY PARTICIPATING IN THE SWEEPSTAKES, AND VERIFICATION BY THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL ON ALL MATTERS RELATING TO THIS SWEEPSTAKES.
- Entry Requirements: By entering, you agree to waive any rights you may have to the Entry submitted. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third party materials (other than Original Gummi FunMix), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Sponsor may blur or black out the infringing material, in their sole discretion. Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and winners acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website, Sponsor’s social media pages, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- RANDOM DRAWING: One (1) Grand Prize winner will be selected in a random drawing to be held on or about September 7, 2021 from among all eligible Entries received. The random drawing will be conducted by an independent judging organization whose decisions are final on all matters relating to the Sweepstakes.
PRIZES, ODDS OF WINNING AND APPROXIMATE RETAIL VALUE (“ARV”):
- Grand Prize (1): $25,000, awarded in the form of a check made payable to the winner.
- Instant Win Prize (1,000): A Sponsor-selected prize package including a t-shirt, stickers, and Original Gummi FunMix Candy (ARV: $18.96 each). T-shirt size is selected by Sponsor.
The odds of winning the Grand Prize depend on the total number of eligible Entries received throughout the Sweepstakes Period. The odds of winning an Instant Win Prize is 1:75. Limit one (1) Instant Win Prize per person/email address. An Instant Win Prize winner is still eligible to win the Grand Prize.
All federal, state, and local income taxes for acceptance and use of the prize are the sole responsibility of winner. Prizes are nontransferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value. Winners are solely responsible for all taxes in connection with the prize, including without limitation federal, state and local taxes, and reporting consequences thereof. The Grand Prize winner will be issued a 1099 tax form for the actual value of their prize.
WINNER NOTIFICATION/VERIFICATION: Potential Grand Prize winner will be sent via email link a Declaration of Eligibility, Liability & Publicity Release (where legal) (collectively, “Declaration”) and will be required to complete, and sign the Declaration via email within forty-eight (48) hours of being notified in order to claim his/her prize. If a potential Grand Prize winner fails to return the required document within the required time period, or the prize notification is returned undeliverable, or in the event that a potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible Entries received. Grand Prize will be awarded provided a sufficient number of eligible Entries are received throughout the Sweepstakes Period. Instant Win Prize winners will be notified immediately after Game Play. All Instant Win winners are subject to verification of eligibility. All Instant Win Prizes will be awarded to eligible winners complying with these Official Rules within 8-10 weeks after verification is complete. Undeliverable return of any Instant Win Prize will result in disqualification and the Instant Win prize will be forfeited. Unclaimed Instant Win Prizes will not be awarded.
All potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and binding in all matters related to the Sweepstakes. A participant is not a winner of any prize unless and until participant's eligibility has been verified and participant has been notified that verification is complete. If, due to an error of any kind, more instant winning messages are delivered to entrants, or more prizes are claimed than are intended to be awarded per Rule #5, the intended number of prizes will be awarded in a random drawing from among all verified prize claims received during the Sweepstakes Period.
- GENERAL RULES: By participating in this Sweepstakes, entrants and winners agree to be bound by these Official Rules and the decisions of the Sponsor. All applicable laws and regulations apply. Entrants and winner hereby hold the Sponsor and its Administrators and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) harmless from and against any third party claim arising from use of any Entry/Game Play and entrants and winners waive any right to inspect or approve uses of their Entry/Game Play by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use an entrant’s and winner’s name, address, and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrants and winners agree that Released Parties will have no liability whatsoever for, and will be held harmless by entrants and winners for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry/Game Play, the acceptance, possession, use or misuse of any prize, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them. The Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials or the offering or announcement of the prizes. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in their sole discretion. In the event of termination, a drawing for the Grand Prize will be conducted from among all eligible Entries received prior to termination and all eligible Instant Win Prizes claimed prior to cancellation will be awarded.
- GOVERNING LAW: The Sweepstakes and these Official Rules will be governed by the laws of the State of New Jersey and those courts located in Bergen County, New Jersey shall have exclusive jurisdiction in the event that any dispute arises regarding the Sweepstakes or the prize, without giving effect to any choice of law or conflict of law rules. Any and all disputes shall be brought individually without resort to any form of class action. Under no circumstances will any entrant be permitted to obtain any award for, and entrants hereby waive all rights to claim, punitive, incidental or 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 are hereby waived. In no event shall entrant be entitled to receive attorneys’ fees or other legal costs or expenses.
- GRAND PRIZE WINNER: For the name of the Grand Prize winner, available after October 1, 2021, send a stamped, self-addressed envelope by October 15, 2021 to: Original Gummi FunMix Sweepstakes – Grand Prize Winner, 100 Marcus Drive, Dept: MB, Melville, NY 11747.
- SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is Promotion In Motion Inc. d/b/a PIM Brands Inc., One PIM Plaza, Park Ridge, NJ 07656. The Administrator of this Sweepstakes is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.