NO PURCHASE NECESSARY TO ENTER SWEEPSTAKES. Must be legal U.S. resident, 18 or older. Sweepstakes begins 8/1/22 & ends 11/30/22. Mobile arcade gaming party awarded as visit by Mobile Gaming Truck; prize is subject to availability & other restrictions. Void in PR & where prohibited. Subject to Official Rules at keeblergamingsweeps.com. Sweepstakes Sponsor: Ferrero U.S.A., Inc., Parsippany, NJ 07054
To enter without purchase, visit keeblergamingsweeps.com/amoe
Nintendo is not a sponsor, co-sponsor or administrator of this sweepstakes.
*My Nintendo™ Platinum Points available via qualifying product purchase. A Nintendo Account is required to receive and redeem My Nintendo points. Terms apply: https://accounts.Nintendo.com/term_point. Platinum Points expire 6 months after issuance.
Nintendo trademarks and copyrights are properties of Nintendo.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION PERIOD: The Mobile Gaming Kart Party Sweepstakes (the “Promotion” or “Sweepstakes”) starts at 12:00:01 a.m. Eastern Time (“ET”) on 8/1/2022 and ends at 11:59:59 p.m. ET on 11/30/2022 (the “Promotion Period”). There is a promotion and sweepstakes component to this Promotion. As used herein, “Sweepstakes” shall refer to the part of the promotion with the random draw and ultimate gaming party prize.
2. ELIGIBILITY: The Promotion 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 and have a valid email account as of the date of entry ("Eligible Entrants"). Employees of Ferrero U.S.A., Inc. ("Sponsor"), Nintendo of America Inc., Game Truck Licensing, LLC, their respective parents, affiliates, subsidiaries, promotion, advertising and internet agencies, including Administrator as defined below (collectively, the "Released Parties"), and each member of their immediate family (spouse, parent, children and siblings and their respective spouses, regardless of where they reside) and/or those persons living in the same household, whether or not related, are not eligible to enter or win. Void in Puerto Rico, and where prohibited or where restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server shall be the official timekeeper for the Sweepstakes. By participating in the Sweepstakes, you agree to abide by and be bound by these Official Rules as well as the decisions of Administrator.
3. HOW TO ENTER: There is no purchase necessary to enter the Promotion. There are two (2) ways to enter, as described below:
**Photo must be in .JPEG, .JPG, .PNG, .PDF, or GIF, format and may not exceed 10MB.
†Regardless of the number of units of Keebler Fudge Stripes Rocky Road,11.5 oz. included in a Qualifying Purchase, a given Receipt may only be used for one entry into the Sweepstakes.
A Receipt may not be used by more than once by the same or different entrants. Duplicate, mechanical reproductions (for Receipts obtained via Qualifying Purchase made in store), altered Receipts, garbled/illegible/unreadable Receipts; Receipts that have been forged or tampered with in any way; or Receipts that have been obtained via unauthorized/illegitimate channels will not be accepted and will not result in entry.
ADDITIONAL ENTRY RESTRICTIONS (applicable to both entry methods): If you enter 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 entering the Sweepstakes. Check your mobile plan for rates/details. Wireless access may not be available in all areas.
Limit: of three (3) total entries into the Sweepstakes per person/email, regardless of entry method. Should a person use any device or artifice to violate this entry limit, only the indicated number of entries will be accepted and all other entries will be deemed void. But, Sponsor and Administrator reserve the right in their sole discretion to disqualify a person from the Sweepstakes and void ALL of his/her/their entries if Sponsor/Administrator determine that such person has engaged in egregious, blatant or repeated violations of the entry limit.
All entries must be received by 11:59:59 p.m. ET on 11/30/2022 to be eligible for the Sweepstakes. Proof of submission (with or without Receipt) does not constitute proof of receipt of same. Any acknowledgment of receipt of entry (including for entry via Qualifying Purchase, issuance of Offer Code) does not constitute any representation as to eligibility of entry, notification of selection as the prize winner, nor is it otherwise binding upon Sponsor.
4. OFFER CODE:
a. ISSUANCE OF OFFER CODE IS CONTINGENT UPON VALIDATION OF PURCHASE BY ADMINISTRATOR; allow up to two (2) weeks for completion of validation process. If validated, Offer Code will be provided via email to provided email address during indicated time frame. If purchase cannot be validated (for any reason), you will NOT be notified. Released Parties shall not have any liability under any legal theory if Receipt is not validated. Decision not to validate Receipt may not affect one’s ability to enter the Sweepstakes, unless Sponsor/Administrator determines that submission of Receipt constituted an attempt to defraud them as per Section 11 below.
b. Limit of one (1) total Offer Code, regardless of number of Sweepstakes entries obtained (with a limit of up to a maximum of three  Sweepstakes entries). Offer Codes are available while supplies last; should supply of Offer Codes be depleted prior to end of Promotion Period, Released Parties will not have any liability (other than provision of entry in Sweepstakes as per Section 3 above).
c. Offer Code is NOT a prize and is not to be combined with any other promotion, discount, coupon or offer. Offer Code has no cash value. Any attempt to obtain Offer Code other than via Qualifying Purchase and uploading Receipt as per Section 4a above will result in voiding of Offer Code without liability to Ferrero U.S.A., Inc. or Nintendo of America, Inc. and may constitute fraud.
d. Once provided to entrant, safekeeping of Offer Code becomes his/her/their sole responsibility and, if lost or stolen, Offer Code will NOT be replaced.
f. A Nintendo Account is required for usage of My Nintendo™ Platinum Points. My Nintendo™ Platinum Points are nonrefundable; cannot be shared/copied/transferred; cannot be redeemed for cash and have no cash value; and expire six (6) months after date of issuance. Redemption of My Nintendo™ Platinum Points is subject to My Nintendo Rewards Program Terms of Service at https://accounts.Nintendo.com/term_point, the terms of which are made a part of these Official Rules and incorporated herein by reference. In the event of any inconsistency between these Official Rules and the My Nintendo Rewards Program Terms of Service, the Official Rules shall prevail, govern and control with regard to the Promotion and in all other respects the Terms of Service shall prevail, govern and control.
g. Nintendo of America Inc.’s decisions are final and binding as to the redemption of the Offer Code for My Nintendo™ Platinum Points and usage of My Nintendo™ Platinum Points. Ferrero U.S.A., Inc. is not in any way involved in the redemption of Offer Code for My Nintendo™ Platinum Points and expressly disclaims any and all liability in conjunction therewith under any legal theory, including but not limited to any technological, programming, electronic error/malfunction/defect/failure which prevents or interferes with the redemption of Offer Code for My Nintendo™ Platinum Points.
5. SWEEPSTAKES GRAND PRIZE DRAWING: The Sweepstakes Grand Prize winner will be selected in a random drawing on or about 12/14/2022 from among all eligible entries received via both entry methods. The odds of winning will depend on the number of eligible entries received. Drawing will be conducted by Administrator, whose decisions are final on all matters relating to the drawings.
7. SWEEPSTAKES WINNER NOTIFICATION: Potential Grand Prize winner will be contacted via email at the email address provided during entry and will be required to sign and return an Affidavit of Compliance and Liability and Publicity Release (except where prohibited by law), within three (3) days of notification attempt or prize will be forfeited. A response is required to such notification within 72 hours from the time of first notification (i.e., transmission of email); 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. In the email, potential winner will be directed to a prize acceptance form via secure url where he/she/they will provide his/her/their additional contact information (e.g., e-mail, name, street address [no PO boxes], city, state and zip code for purposes of winner verification and, if verified, determination of availability of Grand Prize Mobile Game Truck, as discussed below). Potential winner is subject to verification by Sponsor and/or Sponsor’s designated agents (i.e., Administrator), whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
8. SWEEPSTAKES PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
One (1) Grand Prize: the “ultimate gaming party” awarded as a visit by a Mobile Game Truck featuring the Nintendo Switch™ systems where up to twenty (20) attendees will play video games on-site (without remote players) (“Visit”). Mobile Game Truck visit will last for approximately two (2) hours for party plus an approx. 30-45 minutes for set up and clean up.
Visit from Mobile Game Truck is subject to availability, blackout dates, and other restrictions. Winner will work with Sponsor to set up time/date of Visit, but Visit date must be set at least 60 days’ out from decision (for example, if on March 21, 2023, the parties finalize a date for Visit, the Visit can be no sooner than May 20, 2023) . In any case, Visit must take place no later than December 31, 2023.
Sponsor, in consultation with Game Truck Licensing, LLC, reserves the right to postpone and re-schedule the Mobile Game Truck Visit (or, once commenced, to conclude Visit prior to scheduled end time) due to inclement weather, materials shortage, epidemic/pandemic, riot, strike or other reason beyond its control.
Prior to date of Visit, winner must provide a list of the names and ages of all persons invited to participate as his/her/their guests for the Visit. Each guest must be at least six (6) years of age. All guests will be required to check-in with Game Truck Licensing, LLC personnel as a condition of admission to the Mobile Game Truck. Latecomers will be accepted at the sole discretion of Game Truck Licensing, LLC. Winners and guests (if guest is a minor in his/her/their jurisdiction of residence, his/her/their parent or legal guardian) may be required to sign a Liability Release and Publicity Release (where lawful) from Game Truck Licensing, LLC as a condition of admittance to Mobile Game Truck.
Mobile Game Truck is designed for use by a maximum of twenty (20) persons at a given time. If winner accepts the Grand Prize with fewer guests than the maximum capacity of Mobile Game Truck, no substitute prize or compensation will be awarded.
An area of seventy (70) feet – approximately five (5) parking spaces is needed to safely accommodate Mobile Game Truck; specific location of Mobile Game Truck Visit will be determined by Sponsor in its sole discretion, in consultation with Game Truck Licensing, LLC. Areas outside of Game Truck Licensing, LLC normal area of service are not guaranteed to be serviceable. In the event winner resides in a non-serviceable area an alternate prize will be awarded. Food and drink is prohibited in the Mobile Game Truck.
Sponsor or Game Truck Licensing, LLC will select game titles (compatible with the Nintendo Switch™ system) for play in Mobile Game Truck from list provided by Game Truck Licensing, LLC. Winner understands and agree that he/she/they may not receive his/her/their first choice of game titles.
Winner and his/her/their guests must conduct him/her/themselves at all times in a socially responsible, respectful and appropriate manner during visit from Mobile Game Truck; and, should winner and/or any guest fail to do so, prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the winner and/or guest, as applicable. Without limitation, winner and his/her/their guests must (a) follow all instructions of Game Coaches assigned by Game Truck Licensing, LLC as well as not acting in an anti-social, belligerent or antagonistic manner toward Game Coaches; (b) comply with all requirements/procedures of Game Truck Licensing, LLC and governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; such as, maintaining social distancing, quarantines, mask-wearing and testing for the virus.
All unspecified costs and expenses associated with acceptance and use of Grand Prize are the winner’s sole responsibility. Such costs include but are not limited to travel to/from the designated location of the Mobile Game Truck Visit. Without limitation, Sponsor, Nintendo of America, Inc. and Game Truck Licensing, LLC have not obtained any insurance relative to winner and guests’ use of Game Truck.
The ARV of Grand Prize is $460.
Prize must be accepted as awarded; if decline, no compensation or substitute prize will be awarded. Prize is nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award an alternate prize of equal or greater value if advertised prize is unavailable. The listed ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded. If the actual purchase price of prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Grand Prize winner is responsible for any and all taxes relating to acceptance and use of the prize and may be issued an IRS 1099 Tax Form reflecting the fair market value of the prize and, relative to same, winner agrees to provide his/her/their Social Security Number to Sponsor or its designated representative via IRS W9 Tax Form and to otherwise fully cooperate with Sponsor or its designated representative in effecting such tax reporting. Any prize details not contained herein will be determined by Sponsor in its sole discretion.
SPONSOR MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND (DIRECT OR INDIRECT, EXPRESS OR IMPLIED) REGARDING THE MOBILE GAME TRUCK VISIT PRIZE, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE.
9. GENERAL RULES: Incomplete, corrupted, mis transcribed or untimely entries are void and will be disqualified. Sponsor, and Administrator are not responsible for lost, late, incomplete, damaged or misdirected entries/winner notification documents; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer/phone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of entry will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is the natural person in whose name the email address has been issued. 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, and in the event of cancellation, the prize will be awarded in a random drawing from among all eligible entries received prior to cancellation. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION, DEFRAUD SPONSOR AND/OR ADMINISTRATOR OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW; SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual they find: to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Promotion; to violate the Official Rules; or, to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among all eligible entries received prior to cancellation.
10. RELEASE OF LIABILITY: You hereby hold the Sponsor, Nintendo of America Inc., Game Truck Licensing, LLC, Administrator, and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) harmless from and against any third party claim arising from use of any entry. By accepting the Sweepstakes prize, winner grants permission to the Sponsor and its designees (including Nintendo of America Inc. and Game Truck Licensing, LLC) to use his/her name, photograph, image, address (city/state) and likeness for commercial/advertising/trade purposes except where prohibited by law. By participating in the Promotion, the entrant agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant 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, device usage, the acceptance, possession, use or misuse of prize or component thereof, if applicable, or participation in the Promotion or participation in any Promotion 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.
11. GOVERNING LAW: The Promotion and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in the State of New York and agree that any dispute shall be brought in the state or federal courts in the State of New York. You agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Promotion or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney’s fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages, whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
12. WINNER: For the name of the Sweepstakes winner (available after 1/3/2023), send a self-addressed stamped (#10) envelope to: Mobile Gaming Kart Party Sweepstakes Winner, c/o Berlin Productions 870 Locke Ln, Yorktown Heights, NY 10598. Winner’s name will be sent after the prize has been awarded. Requests received after 2/1/2023 will not be honored.
13. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, 4th Floor, Parsippany, NJ 07054.
14. ADMINISTRATOR: Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598
Nintendo is not a sponsor, co-sponsor or administrator of this sweepstakes.
Nintendo trademarks and copyrights are properties of Nintendo.