Hostess® Kazbars™ Sweepstakes Presented by Hostess Brands, LLC
VOID IN GUAM, PUERTO RICO, ALL OTHER U.S. TERRITORIES
AND WHERE PROHIBITED BY LAW
1. DESCRIPTION / OVERVIEW:
In celebration of the launch of its latest innovation, Hostess® Kazbars™, Hostess is inviting its social media followers and fans to participate in a social contest/giveaway. The “Hostess® Kazbars Giveway” Sweepstakes presented by Hostess Brands, LLC (“Sweepstakes”) begins on June 12th, 2023, at 12:01 a.m. Eastern Time (“ET”) and ends on June 16, 2023, at 11:59 p.m. ET (“Sweepstakes Period”).
The Sweepstakes is only open to persons who are permanent legal residents and citizens of the fifty (50) states of the U.S. and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) who are physically located therein. All entrants must be eighteen (18) years of age or older as of the date of Entry. Employees of Hostess Brands, LLC (“Sponsor”), Grey Advertising (“Sweepstakes Administrator”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. Immediate family members (i.e. a spouse, domestic partner, child, sibling, parent) and/or any person, whether related or not, living in the same household of an individual affiliated with a Sweepstakes Entity are also ineligible to enter the Sweepstakes. No purchase necessary.
3. HOW TO ENTER:
Participants are invited to enter starting on June 12th, 2023, at 12:01 a.m. Eastern Time (“ET”) and ending on June 16th, 2023, at 11:59 p.m. ET (“Sweepstakes Period”) by visiting the Hostess Snacks Instagram account (@Hostess_Snacks), following the page and liking and commenting on the June 12th, 2023, “Hostess® Kazbars Giveway!” sweepstakes post.
This is a sweepstakes, whereby an entrant will like and comment on the June 12th, 2023, “New Kazbars Are Here!” sweepstakes post. Submission is not considered complete without following @Hostess_Snacks, liking and tagging another Instagram user in the comments on the June 12th, 2023, post. Up to ten (10) individuals will receive our Sweepstakes prize.
4. ENTRY REQUIREMENTS:
Each Entry must adhere to the following guidelines and requirements:
- The comment to the Sweepstakes post must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
- The comment to the Sweepstakes post must not include language, phrases, quotations, hashtags, trademarks, logos, artwork, products or brand names (not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties or the name, likeness or image of any third party.
- The comment to the Sweepstakes post must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- The comment to the Sweepstakes post must not contain any elements that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (c) encourages or provides instructional information about illegal activities; or (d) encourages acts of violence or dangerous stunts/behavior.
- The comment to the Sweepstakes post must not disparage the goodwill or business reputation of the Sponsor.
- The comment to the Sweepstakes post must not contain any references to alcohol, tobacco, drug paraphernalia, firearms or any description or representation thereof.
- The comment to the Sweepstakes post must not include obscenities or other objectionable material that defames or invades the publicity or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party’s personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
The Sponsor has the right to disqualify any entrant’s Entry that does not adhere to the above requirements, that is not reasonably pertinent to the judging criteria (described in section 5 below) or is otherwise in violation of these Official Rules as determined by the Sponsor in its sole and absolute discretion.
POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF THE ENTRIES. SPONSOR MAY REVIEW/EDIT THE ENTRY PRIOR TO USING ANY PORTION THEREOF ON THE WEBSITE. SPONSOR RESERVES THE RIGHT NOT TO POST ANY ENTRY SUBMITTED.
5. WINNER SELECTION:
On weekdays (excluding holidays) beginning on or about June 19th, 2023, and continuing until on or about, June 21st, 2023 during business hours (“Selection Period”), all eligible entries (posts) will be identified by representatives of the Sponsor (“Selectors”) and put into an entry pool. Each eligible post will be verified according to the following criteria: 1.) Liking the June 12th, 2023, “Hostess® Kazbars Giveway!” sweepstakes post (“Selection Criteria”). 2.) Tagging another Instagram user in the comments on the June 12th, 2023, “New Kazbars Are Here!” sweepstakes post. 3) Following @hostess_snacks. All eligible entrants will be selected through a random drawing through a drawing generator tool for the Grand Prize ten (10). Up to 10 Entries will be deemed ‘Winners,’ subject to written verification of eligibility and compliance with these Official Rules.
6. PRIZE WINNER NOTIFICATION AND VERIFICATION:
On or about June 21st, 2023, each Winner will be notified via direct message on the social media account associated with his/her/their Entry, and will be asked to validate the Entry, and provide a preferred non-PO Box, U.S. mailing address to receive Prize materials. Winners must respond within 48 hours, or another winner will be selected.
A potential Winner will be disqualified if: (a) he/she/they cannot be reached; (b) he/she/they is found to be ineligible; (c) if his/her/their Sweepstakes Documents are returned as undeliverable or if he/she/they fails to return the Sweepstakes Documents within the required time period stated above; or (d) he/she/they does not comply with these Official Rules. In the event of such a disqualification, the entrant whose Entry received the next highest score may be declared a potential Finalist in Sponsor’s sole discretion.
The ten (10) Grand Prize Winners in the “Hostess® Kazbars Giveway!” Sweepstakes will receive 1 box of Kazbars and (24) Hostess® product vouchers, which will be mailed to the prefered mailing address, as specified by the Winner. Sweepstakes prizes cannot be mailed to PO boxes. Total ARV of all prizes in this Sweepstakes: $155.76.
The Sweepstakes Entities are not responsible for, and Winner will not receive, the difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Sponsor is not responsible for a potential Winner’s inability to accept or use the prize for any reason. Prize details will be decided in Sponsor’s and Administrator’s discretion.
Any taxes and other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of Winner. Winner may be issued a tax form for the actual value of the prize. Sponsor will not replace any lost, mutilated, or stolen prize or prize elements or any prize that are undeliverable or do not reach the Winner because of an incorrect or changed contact information. If Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Sponsor reserves the right to substitute any prize or portion of a prize with another prize or portion of a prize of equal or greater value for any reason, including unavailability of the stated prize. Each participant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or and any liability and publicity that might arise from claiming or seeking to claim said prize.
8. RIGHTS IN SUBMISSIONS:
Entrants grant Sponsor the exclusive, royalty free, irrevocable rights to use, reproduce, copy, edit, publish, display, distribute, perform, transmit, translate, adapt, modify, electronically alter, assign, dispose, make derivative works, and otherwise exploit the Entries and to incorporate them in other works in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity. Entrants warrant that they have the exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Entry will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, personal, proprietary, or publicity rights anywhere in the world. Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Entry. Each Finalist and ultimately the Grand Prize Winner irrevocably assigns, transfers, and grants Sponsor the exclusive right to the ownership and use of his/her/their submitted Entry for any other purpose deemed appropriate by Sponsor in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity, including (but not limited to) Sponsor’s product(s), packaging, websites, TV, print ads, billboards, online ads, social media channels, radio, and direct mail. Each Winner relinquishes all rights he/she/they may have to the Entry now or in the future and agrees he/she/they will receive no notice, monetary compensation of any kind, or consideration for any such use by Sponsor of his/her/their submitted Entry.
10. GENERAL CONDITIONS:
The Sweepstakes is governed by these Official Rules and all federal, state, and local laws. By entering the Sweepstakes, entrants agree and acknowledge to be bound by these Official Rules, as well as the decisions of the Judges and Sweepstakes Administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Official Rules; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes or the use of any submitted Entry; and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. Once submitted, Entries become the sole property of Sponsor and will not be acknowledged or returned. If for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor, in its sole discretion, reserves the right to cancel, suspend, or modify the Sweepstakes or any portion(s) thereof and conduct the judging from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the prizes in a manner that is fair and equitable. Notice of such action will be posted on the Website as well as any applicable social media platforms. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Sweepstakes will be prosecuted and is not eligible for prize(s). In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the entrant. Said person must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
Our Sweepstakes are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or Instagram. You understand that you are providing your information to Hostess and not to Facebook, Twitter, or Instagram. By participating, you represent that you meet the eligibility criteria, and that you agree to be unconditionally and fully bound by these guidelines.
Sweepstakes Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of a prize awarded herein; typographical errors in promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider(s); interruption or inability to access the Website (or Sponsor’s/Sweepstakes Administrator’s inability to access content on the Website), the Public Voting mechanism, or any website or online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device, and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to: (1) any wrongful, negligent, or unauthorized act or omission on the part of prize supplier(s) (if applicable) or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries, and affiliated companies. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, strike, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
12. GOVERNING LAW, JURISDICTION, ARBITRATION:
Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of a prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation, shall be governed by and construed in accordance with the substantive laws of the U.S. State of Kansas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration in Johnson County, Kansas. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant(s) bringing forth the controversy or claim (collectively the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each entrant agrees that his/her/their claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys’ fees; and, under no circumstances, will an entrant be entitled to awards. Each entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
13. SEVERABILITY AND HEADINGS:
If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience or reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
14. OFFICIAL RULES / OFFICIAL WINNERS LIST:
To receive a copy of the Official Rules or the Official Winners List, send a self-addressed stamped envelope to: “Hostess® Kazbars Giveway” Sweepstakes Presented by Hostess Brands, LLC “Rules” or “Winners” (specify which), 7905 Quivira Road, Lenexa, Kansas 66215. The Official Winners List will be available on or around June 21, 2023. All requests must be received by June 16, 2023. The Official Rules will be posted on the Website during the Sweepstakes Period.
Hostess Brands, LLC, 7905 Quivira Road, Lenexa, Kansas 66215.
16. SWEEPSTAKES ADMINISTRATOR:
Hostess Brands, LLC, 7905 Quivira Road, Lenexa, Kansas 66215. The Sweepstakes Administrator is not the supplier or guarantor of any prize.
These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.