Promotion Terms and Conditions

S'mores Game Night

S’mores Game Night SWEEPSTAKES OFFICIAL RULES The following are the Official Rules for the “S’mores Game Night” Sweepstakes (“Sweepstakes”). As used in these Official Rules, “you” or “Entrant” means any person submitting an entry to the Sweepstakes. By entering or participating in the Sweepstakes, you accept these Official Rules as a binding agreement between you and the Sponsor named below and agree to abide and be bound by them. These Official Rules cannot be changed or amended in any manner, except as permitted in these Official Rules. These Official Rules apply only to the Sweepstakes and not to any other sweepstakes, contest or promotions sponsored by the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to the Sweepstakes. NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED. STANDARD DATA CHARGES MAY APPLY. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook is not affiliated with the Sweepstakes Sponsors (defined below) in any way. SPONSOR: Associated Food Stores, whose address is 1850 W 2100 S, Salt Lake City, UT is the sole “Sponsor” of the Sweepstakes. No company or person providing a prize, including but not limited to Mondelēz Global, LLC, is a sponsor, endorser or administrator of the Sweepstakes. Any content or information provided by Entrants on Facebook is being provided to the Sponsor and not Facebook. SWEEPSTAKES PERIOD: Entrants may enter the Sweepstakes beginning July 17, 2019 at 3 PM MST and ending on July 26, 2019 at 3PM (the “Sweepstakes Period”), at which time no further entries may be made (the “Sweepstakes Period”). Any entries received after the Sweepstakes Period will be disregarded by the Sponsor and are ineligible to participate in the Sweepstakes. ELIGIBILITY: The Sweepstakes is open only to legal residents of Utah, Idaho, Nevada and Colorado who are 18 years of age or older at the time of entry. Employees, officers and directors of the Sponsor, Mondelēz Global LLC, HMT Associates Inc., their respective parent companies, affiliates, subsidiaries, authorized agents, sales representatives, distributors, advertising and promotion agencies, anyone associated with the development, implementation or execution of this Sweepstakes, and members of the immediate families (defined as including spouse, domestic partner, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws. HOW TO ENTER: You must have a Facebook account to enter. If you are not already a registered Facebook user, you must sign up for a free Facebook account. During the Sweepstakes Period, visit the Sponsor’s Facebook page at https://www.facebook.com/[INSERT COMPLETE URL]. On the designated Sweepstakes post on the Facebook page, either: (a) post a photo of you and your S’mores in the Comments section, and include the hashtag “#Sweepstakes” Entries must be public and NOT a private message, and your Facebook account may not be a shared or corporate account. Only one (1) Facebook account may be used to participate; use of multiple accounts will result in disqualification. Limit of one (1) entry per person for the entire Sweepstakes Period; multiple entries from any person will void all of his/her entries and result in his/her disqualification. In the event of a dispute as to the identity of an entrant, entries will be deemed made by the authorized account holder of the Facebook account used to enter, based on Facebook’s records. All incomplete or non-conforming entries, or entries received outside the Sweepstakes Period, will be disqualified. Sponsor further reserves the right to disqualify inappropriate/non-relevant Submissions, in its sole discretion. SUBMISSION REQUIREMENTS AND CONTENT RESTRICTIONS: All Submissions must be in English and must be the creation solely of the Entrant. Submissions must include the required hashtag or they will be disqualified. Your Submission: must not infringe upon any party’s intellectual property or other rights; must be suitable for display and publication in Sponsor’s opinion (i.e., may not be obscene or indecent, including but not limited to the inclusion of nudity or profanity); must not contain pornographic material; must not contain defamatory statements, including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; must not include threats to any person, place, business, group or world peace; must not violate privacy, publicity, or other rights of any person, firm, brand or entity; must not promote alcohol, illegal drugs, tobacco, any activities that may be unsafe or dangerous; must not misrepresent, or contain disparaging remarks about Sponsor, Mondelēz Global, LLC, or any of their respective products or services, or about other people, products, services, or companies; must not contain any personally identifiable information such as license plate numbers, email addresses, or street addresses; must not contain materials embodying the names or other indicia identifying any person, living or dead, without permission; must not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Mondelēz Global, LLC wish to associate; must not in any way violate applicable laws and regulations or Facebook standards; must not contain copyrighted materials owned by others without express, written consent; and must be suitable for family audiences and for public display and publication, in the sole determination of Sponsor. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): A total of ten (10) Grand Prizes will be awarded. Each Grand Prize will consist of the following: One (1) portable fire pit; (1) corn hole set; (1) portable speaker; (1) S'mores caddy; (2) mugs; a set of marshmallow roasting sticks; and assorted S’mores product of Sponsor’s choice. ARVof each Grand Prize package: $550. Total ARV of all prizes: $5,500. The prizes consist only of the items described above. Any related expenses or fees that are not expressly included in the above prize description shall be the responsibility of the winners. Prizes may not be substituted, transferred, or redeemed for cash, in whole or in part, except at the discretion of Sponsor or as provided herein. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable for any reason. Payment of all federal, state, and local income taxes on the prizes will be the responsibility of the winners. No more than ten (10) prizes will be awarded. If, due to a production, technical, human or other error, more than ten (10) prize notifications are issued for the prizes, the ten (10) intended prizes will be awarded in a random drawing from among all valid recipients of such prize notifications. The awarding of the prizes is subject to the restrictions and limitations in these Official Rules, or included with the prizes or furnished at the time of prize fulfillment. By accepting a prize, each winner acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof. Each winner shall bear all risk of loss or damage to the prize after it has been delivered RANDOM DRAWING: Winners will be selected on August 1, 2019 in a random drawing from among all eligible entries received through both entry methods combined. Odds of winning a Sweepstakes prize depend on the number of eligible entries received through both entry methods combined. Prizes will be shipped to winners within approximately 8-10 weeks after the conclusion of the Sweepstakes and verification of winners’ eligibility and compliance with these Official Rules. WINNER NOTIFICATION: Potential winners will be contacted via Facebook direct message sent to the Facebook account used to enter the Sweepstakes. To claim a prize, each potential winner must send, and Sponsor must receive, a response via Facebook within twenty-four (24) hours after being notified. Failure to respond within that 24-hour period shall mean that the winner forfeits the prize. Sponsor is not responsible for changes to potential winners’ Facebook accounts that make it impossible for Sponsor to contact them. Sponsor will mail the prizes to the addresses supplied by the winners in their responses to Sponsor’s notification. All prizes will be awarded provided they are claimed properly in accordance with these Official Rules. RIGHTS GRANTED TO SPONSOR: By entering each Entrant irrevocably grants Sponsor and its affiliates, subsidiaries, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, make derivative works from and/or otherwise use or reuse (without limitation as to when or to the number of times used) the Entrant's Submission, including, but not limited to, any performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion). Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of the Submission and agrees not to sue or assert any claim against the Sponsors for the use of the Submission as outlined herein. Each Entrant expressly waives all rights to review or approve any use that Sponsors makes of his/her entry in accordance with these Official Rules. By submitting an entry, each Entrant further agrees to waive all rights of attribution if his/her entry is used by Sponsors or anyone Sponsors authorizes, By submitting an entry, each Entrant agrees that his/her entry is gratuitous, unsolicited, and without restriction, and will not place Sponsor under any obligations other than those contained in these Official Rules, and that Sponsor is free to disclose the ideas contained in an entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to the Entrant. Each Entrant further acknowledges that Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by their respective employees, or obtained from sources other than the entrant. By submitting an entry, each Entrant understands and acknowledges that he/she will not now or in the future be paid or compensated in any way for his/her entry or for granting Sponsors any of the rights set forth in these Official Rules. GENERAL CONDITIONS: By participating, each Entrant agrees: (a) to abide by these Official Rules and decisions of the Sponsor; (b) to release, discharge and hold harmless the Sponsor, Mondelēz Global LLC, HMT Associates Inc., Facebook, and each of their respective parent companies, subsidiaries, affiliates and agents, including without limitation, their advertising and promotion agencies, and the officers, directors, shareholders and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for losses, damages or causes of action (however named or described), with respect to injuries or damages of any kind to persons, including death, or property, resulting, in whole or in part, directly or indirectly, from Entrant's participation in the Sweepstakes or the acceptance, possession, use or misuse of any awarded prize (or portion thereof); and (c) to the use of his/her name, address (city and state), Submission, voice, performance, photograph, image and/or other likeness for programming, advertising, publicity, trade and promotional purposes in commerce and in any and all media, now or hereafter known, worldwide, including but not limited to the Internet and social media, and in perpetuity by the Sponsor and its designees, without limitation, and without compensation or additional approval or inspection, and agrees to execute specific written consent to such use if asked to do so. Released Parties are not responsible for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof. The Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled, illegible, inaccurate, delayed or stolen entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, Facebook platform, or other connections; or for failed or faulty computer, satellite, telephone or cable transmissions, line;, or for technical failure or for jumbled, scrambled, delayed, or misdirected transmissions; or for computer hardware or software malfunctions, failures or difficulties; or for other errors or difficulties of any kind whether typographical, human mechanical, electronic, computer, network, printing or otherwise relating to or in connection with the Sweepstakes, including without limitation errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize winners or with any Sweepstakes-related materials. The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Entrants, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. The Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from Sponsor’s website or Facebook page. The Sponsor may disqualify anyone from participating in the Sweepstakes or winning a prize (and void all associated entries) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other Entrant, any company, or the Sponsor’s representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. The Sponsor reserves the right in its sole discretion to cancel, modify or suspend any portion of the Sweepstakes should any cause corrupt the administration, security or proper play of the Sweepstakes and, in the event of termination prior to the stated end date of the Sweepstakes period, to determine the potential winners in a random drawing from among all eligible non-suspect entries received as of the time/date of termination. DISPUTE RESOLUTION: Except where prohibited by law, as a condition of participating in the Sweepstakes, Entrants agree that (a) any and all disputes and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Utah Uniform Arbitration Act (“UUAA”); (b) all arbitration proceedings shall be conducted in Salt Lake City, Utah; (c) the UUAA shall govern the interpretation, enforcement and all proceedings at such arbitration; and (d) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, whether foreseeable or not and whether based on negligence or otherwise, including attorneys’ fees, other than Entrants’ actual out-of-pocket expenses (i.e., costs associated with participating in the Sweepstakes), and Entrants further waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes -related materials or made by Sponsor or Sponsor’s representatives, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 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 the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Utah without giving effect to any choice of law or conflict of law rules. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. ENTRANTS' PRIVACY: Any personally identifiable information collected in connection with an Entrant’s participation in this Sweepstakes will be used by Sponsor, its affiliates, agents and marketers only for purposes of the proper administration and fulfillment of the Sweepstakes, as described in these Official Rules, and in any manner consistent with Sponsor’s Privacy Policy, available at [INSERT URL]. WINNERS LIST: For the names of the prize winners, available after all winners are verified, send a self-addressed, stamped envelope to: [INSERT ADDRESS]. Requests must be received by September 1, 2019. Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Facebook. All trademarks used herein are the property of their respective owners. ABBREVIATED RULES: Social/Digital: NO PURCHASE NECESSARY. Open to legal residents of UT, ID, CO and NV, 18 years of age and older. Void elsewhere and where prohibited. For Official Rules visit http://maceys.com/termsconditions. Sweepstakes ends 7/26/19. Sponsored solely by Associated Food Stores. Mondelēz Global, LLC, The Hershey Company and Kraft Foods are not a sponsor.

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