KRAFT HEINZ LUNCHASWAP SWEEPSTAKES
NO PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE
DOES NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER
SPONSOR/ADMINISTRATOR: The Kraft Heinz Lunchaswap Sweepstakes (the “Sweepstakes”) is sponsored by Kraft Heinz, 200 E. Randolph Street, Chicago, IL 60601 (the "Sponsor"). The Sweepstakes is administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (the “Administrator”).
ELIGIBILITY: The Kraft Heinz Lunchaswap Sweepstakes (the "Sweepstakes") is open to legal residents of the fifty (50) United States (including the District of Columbia), who are at least twenty-one (21) years of age at the time of entry and currently employed as a District Lunch Food Director (or comparable title) within the Public School system during the Entry Period (“Entrant or Food Director”). Officers, directors, and employees of Sponsor and Administrator, prize providers, and each of their respective parents, subsidiaries and affiliated companies, employees, agents and suppliers (collectively, the “Sweepstakes Entities”), and the immediate family (spouse, parents, siblings and children) and household members of each such person are not eligible to be an Entrant or to win any prize. Sponsor retains discretion to recognize any Entry from or exclude an ineligible Entry, Entrant or make a change based on extraordinarily meritorious circumstances. Administrator may request any potential prize winner to provide proof that such person is eligible to be the winner. Potential prize winner is subject to verification before the prize will be awarded. By participating in the Sweepstakes, Entrant fully and unconditionally agrees and accepts these official rules (“Official Rules”) and Administrator’s/Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning prize is contingent upon fulfilling all requirements set forth herein. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins 9:00 a.m. Eastern Time ("ET") on May 15, 2023 and ends 12:00 p.m. ET on July 31, 2023 (the "Entry Period"). Sponsor’s database clock is the official time keeping device for the Sweepstakes
HOW TO ENTER: During the Entry Period, Food Directors will be invited to enter the Sweepstakes, by scanning the QR (Quick Response) code found inside the swag kit that was delivered to you. Food Directors will be required to complete the online registration form consisting of the following fields; Food Director’s first name, last name, school/district, email address, and tell us what is your least favorite lunch item your schools serve which you would like to have swapped out. Limit one (1) entry during the Entry Period. All entries must be received by 12:00 p.m. ET on July 31, 2023 to be eligible for the random drawing. All entries must be complete to be eligible. Any attempt by any Entrant to avoid compliance with the limitations on entries in these Official Rules by using multiple/different accounts, identities, registrations and logins, duplicate entries or any other methods will void such entries and that Entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification.
GRAND PRIZE RANDOM DRAWING: One (1) Grand Prize winner will be selected in a random drawing, on or about August 8, 2023, from among all eligible entries received during the Entry Period. Drawing will be conducted by Administrator, an organization working on behalf of Sponsor. Sponsor’s interpretation of these rules and decisions shall be final.
GRAND PRIZE/ODDS OF WINNING: One (1) Grand Prize will be awarded to the winning Food Director’s district , which consists of twenty thousand (20,000) Lunchable units. The winning Food Director may determine how to allocate the units among the schools within their district. The Approximate Retail Value (“ARV”) of Grand Prize is $38,000. Any difference in the stated ARV and actual value will not be awarded. No transfer, substitution or cash equivalent for the prize will be permitted, except at the sole discretion of the Sponsor in the event of prize unavailability and then an alternate prize/prize component of approximately equal monetary value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided or due.
WINNER NOTIFICATION: The potential Grand Prize winner will be notified on or about September 15, 2023 by email/phone and will be required to sign and return, via email, a Declaration of Compliance and Liability and Publicity release (except where prohibited by law) (“Declaration”), within three (3) days of receipt of Declaration or prize will be forfeited and an alternate winner may be chosen, time permitting. Declaration will be sent via email from the Administrator. Return of prize notification as undeliverable may result in disqualification and alternate selection, time permitting. Sponsor and its agencies are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the exclusive control of the Sponsor. Grand prize will be shipped to the confirmed winning district and distributed to no more than twenty (20) different school locations.
GENERAL RULES: By acceptance of the prize, Grand Prize winner grants permission to the Sponsor and its agencies to use his/her name, city, state, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, Entrants hereby agree, and by accepting the prize to discharge and hold harmless Sponsor, Administrator, their parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the "Sweepstakes Entities") from any and all injuries, loss, claims or damages arising out of an Entrant’s participation in the Sweepstakes and/or use or misuse of prize. By participating in the Sweepstakes, Entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that Entrant shall defend and hold the Sweepstakes Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the prize awarded hereunder. Without limiting the foregoing, everything regarding the Sweepstakes, including any website used in connection therewith and the prize awarded hereunder, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by the Sweepstakes Entities. If for any reason the Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. In the event the Sweepstakes is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Grand Prize from among all eligible entries received prior to cancellation. Any attempt by an Entrant to deliberately damage any website involved in the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including without limitation criminal prosecution, and damages, including without limitation attorneys' fees, from any such Entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including any injury or damage to Entrant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of the prize. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry, to be violating these Official Rules or to be acting in a disruptive manner. In no event will the Sponsor be obligated to award more than one (1) Grand Prize. Use of automated entry devices or programs is prohibited.
NAME OF WINNER: For the name of the winner, available for a period of at least 30 days, after September 30, 2023, send a self-addressed-stamped envelope, to: Kraft Heinz Lunchaswap Sweepstakes Winner, 100 Marcus Drive (Dept. CC), Melville, NY 11747.
ENTRIES: In the event of a dispute, entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, misdirected, incomplete entries or for entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by website visitors or by any human or technological error that may occur in the processing of entries in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes and in the event of cancellation, prize will be awarded from all eligible entries received prior to cancellation. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the prize awarded (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) Entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the Entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, Entrant and Sponsor shall enter into arbitration proceedings in Chicago, Illinois before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to Entrant shall be limited to actual out- of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees or expenses or other costs related to litigation; (4) Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois.
SEVERABILITY: If any provision of these Official Rules becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from these rules and such court (or, if such court refuses to do so, the Sponsor) will replace such illegal, void or unenforceable provision of these Official Rules with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Official Rules shall remain in place and enforceable in accordance with their terms.
NO WAIVER: The failure of Sponsor to assert any right hereunder, or to insist upon compliance with any term or condition of these Official Rules shall not constitute the waiver of that right or excuse the subsequent performance or non-performance of any such term or condition by Entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules.