KERNEL COUNTING PROMOTION
ROB’S BACKSTAGE POPCORN LLC – PRIZE PROMOTION
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This prize promotion (the “Promotion”) is open only to those who complete the entry steps and satisfy the entry criteria set forth in these Rules. Winners of the Promotion must be at least 18 years of age as of the date of entry, unless otherwise required by an applicable state’s contest and promotion laws. The Promotion is only open to legal residents of the United States and is void where prohibited by law. Employees of Rob’s Backstage Popcorn LLC (the “Sponsor” or “Rob’s”) and its affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating in the Promotion, you agree to be fully and unconditionally bound by these rules (the “Rules”), and you represent and warrant that you have read these Rules in full and meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the Promotion content. The Promotion and these Rules are subject to all applicable federal, state, and local laws.
- Promotion Period: Entries will be accepted online starting on or about December 19, 2022 (the “Start Date”) and ending December 26, 2022 (the “End Date”). All entries must be received by 11:59PM EST on that End Date. Winners will be announced on or about December 27, 2022.
- How to Enter: To enter the Promotion, you must (i) go to a Walmart location (ii) between the Start Date and the End Date, (iii) scan the appropriate QR code on a bag of Rob’s Backstage Popcorn, (iv) navigate to a website showing a guitar case containing popcorn kernels, and (v) count or estimate the exact number of kernels. The entry must fulfill all Promotion requirements, as specified in items (i) through (v) and elsewhere in these Rules, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Only one (1) submission from each participant will be considered per day during the promotion period. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. By entering, you agree that Sponsor may contact you via email or by phone. Normal internet access, phone, and usage charges imposed by your online or phone service may apply.
You agree to indemnify and hold the Sponsor harmless from any and all claims, damages, liabilities, losses, documented and out-of-pocket expenses and costs (including reasonable fees and expenses of outside attorneys and other professionals actually incurred) arising out of or resulting from any action by a third party against the Sponsor due to your submission.
- Prize: One (1) winner will receive a Walmart gift card worth $4,944.00 USD, which the Sponsor has determined, based on a review of applicable and available data, to be equivalent in value to the cost of groceries for a period of one (1) year. The specifics, value, and delivery method of the prize shall be solely determined by the Sponsor. Any prize depiction is for illustrative purposes only and should not be relied on. Winners of the prizes must accept delivery of the prize in the method solely determined by the Sponsor. No cash or other prize substitution is permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Acceptance of prize constitutes permission for Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Inapplicability of Promotion Odds: As the Promotion is a competition of skill, rather than chance, your odds of winning cannot be calculated. The ease or difficulty of winning depends on the number, quality, accuracy, frequency, speed, and eligibility of participant entries.
- Winner selection and notification: The winner of the Promotion will be selected in the Sponsor’s sole discretion based on the criteria laid out in Paragraph 8 below. Sponsor reserves the right to conduct a background check on any winner and may disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such prospective winner might reflect negatively on Sponsor, its affiliates, or the Promotion. Winners will be notified via email within seven (7) days of the End Date. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk, block, or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 48 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, prize may be forfeited, and an alternate winner selected. Any expense or cost not expressly included in the description of the prizes is the sole responsibility of the winner. Winners must sign and return any required Affidavit of Eligibility, Affirmation, and Release within two (2) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time will result in forfeiture of prize, and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and alternate winners may be selected. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. 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.
All income taxes resulting from acceptance of prize are the responsibility of winners. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with their federal and state tax returns. Winner will also be required to disclose their social security number for the purpose of issuance of a Form 1099-Misc for tax purposes. Sponsor complies with all tax reporting requirements and may withhold such taxes prior to payment of the prize if required by applicable tax law. The amount of any tax liability will vary depending on winner’s tax bracket.
The receipt by a winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Winner Selection Criteria: The winner of the Promotion will be the first participant to precisely count the number of kernels in the guitar case or, if no participant counts the exact number of kernels during the promotion period, the closest count by a participant during the promotion period. In the event that multiple submissions are precisely correct, or multiple participants submit the closest count in the event that no submission is precisely correct, the applicable submission received first will be the winner and the remaining applicable submissions will be contacted in order of submission in the event of the disqualification or ineligibility of the selected winner.
- Rights Granted by you: By entering this Promotion, you understand that Rob’s, anyone acting on behalf of Rob’s, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry itself and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. By participating and/or accepting a prize, you acknowledge and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, the Jonas Brothers, Walmart Inc., Generation 195 Ltd., and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. By entering a submission in the Promotion, you are agreeing to receive marketing emails and text messages from Rob’s. You can opt-out of these marketing promotions at any time and such opt-out will not invalidate your Promotion submission.
- Terms: Rob’s reserves the right, in its sole discretion to cancel, terminate, modify, or suspend the Promotion should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Rules.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Rob’s reserves the right, to be exercised in Rob’s sole discretion, to adjust or modify the Rules in without notifying Promotion participants. Promotion participants are responsible for checking the site for changes, and should review the Rules prior to any submission.
- Limitation of Liability: By entering you agree to release and hold harmless Rob’s, the Jonas Brothers, Walmart Inc., Generation 195 Ltd., and their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Promotion and/or his, her, or their acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the winner's name or a copy of these official Rules, mail your request along with a stamped, self-addressed envelope to: Rob’s Backstage Popcorn LLC, 2250 Union Street, San Francisco, CA 94123. Requests must be received no later than December 26, 2022. The individual winner may request anonymity, in which case their name will be redacted in any response to such a request.
- Sponsor: The Sponsor of the Promotion is Rob’s Backstage Popcorn LLC, 2250 Union Street, San Francisco, CA 94123.
- Releases: The Promotion is in no way sponsored, endorsed, or administered by Twitter, Instagram, Tik Tok, or any of their affiliates or representatives (“Social Media Platforms”). You and the Sponsor each hereby release the Social Media Platforms from any and all injuries, losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind relating to the Promotion.