TYPES OF INFORMATION WE COLLECT
Contests and Sweepstakes
Our site sometimes includes notices of promotions we are conducting, and we may permit you to enter electronically in some cases. If that occurs, we will use the information you provide for the purpose of conducting the promotion (e.g., to contact you if you’re a winner). Within a reasonable time after the conclusion of the promotion, the personal information will be deleted from our database, unless you’ve agreed to permit us to keep it and use it to contact you again.
KEMPS & COBORN’S WIN TWINS SWEEPSTAKES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. THIS SWEEPSTAKES IS OPEN TO LEGAL U.S. RESIDENTS OF MINNESOTA WHO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE OFFICIAL RULES.
- Sweepstakes Description: Kemps LLC (Sponsor) will award Fifty-One (51) 4-packs of Twins tickets for a MN Twins game (date to be determined) each, a First Prize.
- Sweepstakes Term: The Kemps & Coborn’s Win Twins Sweepstakes (the “Sweepstakes”) begins on May 27, 2018 at 12:01 AM CST, and ends on June 23, 2018 at 11:59 PM CST (the “Sweepstakes Term”). All entries must be received during the Sweepstakes Term.
- Eligibility: No purchase or payment is necessary to enter or win this Sweepstakes. A purchase will not increase your chances of winning a prize. The Sweepstakes is open to legal U.S. residents who are 18 years of age or older at the time of Sweepstakes entry and who reside in Minnesota and Wisconsin. Entrants may not be employees of Sponsor, or of its parent company, subsidiaries, affiliated companies, partners, advertising or promotion agencies or prize donors, nor may they be members of the immediate families of any of the foregoing, or persons living in their households. Entries are limited to individuals only: commercial enterprises and business entities are not eligible. THE SWEEPSTAKES IS VOID WHERE PROHIBITIED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
- Sponsor: Kemps LLC, 1270 Energy Lane, St. Paul, MN 55108 is the Sponsor of this Sweepstakes. Coborn’s is not a sponsor of or affiliated with this Sweepstakes.
- How to Enter: Visit www.kemps.com/coborns during the Sweepstakes Term and fully complete the on-line Sweepstakes entry form. All eligible individuals who complete the entry form will be entered into the Sweepstakes and will have a chance to win one of the prizes described in Section 1 – Sweepstakes Description. Entries must be received by Sponsor by June 23, 2018 at 11:59 PM CST.
- Prize Selection: Fifty-one (51) First Prize winners will be selected in a random drawing conducted on or about June 28, 2018 from among all eligible entries received by Sponsor (each, a Winner). Sponsor will select multiple entries at the time of the drawing in the event that Sponsor needs to award the First Prize to alternate winners. The First Prize winners (one each) will be selected from a Coborn’s, Coborn’s Delivers, Cash Wise or Market Place Foods store location entered on the official Sweepstakes entry form. If necessary, alternate winners be will named based on the order in which the remaining entries were selected in the drawing (Alternate Winners). Winner will be notified using the contact information provided on the official entry form. Odds of winning the Prizes are affected by the number of eligible entries received during the Sweepstakes Term.
- Prizes and Restrictions:
Fifty-One (51) First Prize winners will receive a 4-pack of Twins tickets for a MN Twins game (date to be determined). All taxes, fees and other expenses not specifically listed in the prize description are the responsibility of the Winners.
The approximate value of each First Prize is: $156. Total Approximate Retail Value of all prizes: $7,956.
Other Prize Restrictions: Prizes (including all Prize components) is subject to availability and is subject to restrictions. There is no substitution or cash equivalent of any Prize except at the Sponsor’s sole discretion due to unavailability of the Prize for any other reason and only then for a prize of equal or greater value. The Sponsor is responsible only for Prize delivery. The Sponsor is not responsible for prize utility, quality or other attributes.
Each Winner will be notified using the contact information provided in his/her entry. If the Winner is unable to be contacted using the information provided, for any reason, the prize will be forfeited, and Sponsor will award the Prize to an Alternate Winner. The Alternate Winner will be notified in the same manner described above. If for any reason the Winner is ineligible or does not accept the Prize, no cash or other compensation will be paid, and an Alternate Winner will be selected. Additionally, if the Winner is unable to comply with these rules and regulations, an Alternate Winner will be selected. Sponsor is not responsible for Winner limitations that prevent acceptance or use of any prize. Each entrant preliminarily chosen as a Winner of a Prize may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a Winner. Each Winner agrees to use of his or her name, likeness, personal information and/or prize information by the Sponsor for promotional purposes in any medium without additional compensation to the extent permitted by law.
- Taxes: Winners are solely responsible for all applicable taxes associated with receipt of the Grand Prize.
- General: By entering this Sweepstakes, each entrant warrants that, (a) the entrant has read, understood and followed the Kemps & Coborn’s Win Twins Sweepstakes Rules; (b) the entrant agrees to be bound by the decisions of the Sponsor; and (c) the entrant is eligible under these Sweepstakes Rules. Each potential Winner and his/her entry may be subject to verification and investigation before being awarded any prize. In the event not enough qualified entries are received, Sponsor is not responsible to award more prizes than entries received. This Sweepstakes shall be governed by Minnesota law. By participating in this Sweepstakes, entrants agree that (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action and Minnesota courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall be only in Minneapolis, Minnesota; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall there be a claim or award of attorneys’ fees or costs; and (c) under no circumstances will entrants be permitted to obtain, and 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 otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT BE APPLICABLE TO EACH ENTRANT AND/OR WINNER.
- Limitation of Liability: The Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Sweepstakes or for any technical or human error or the processing of entries in the Sweepstakes. The Sponsor assumes no responsibility for any incomplete, misdirected, late, or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, garbled or corrupted data transmitted, theft or destruction or unauthorized access to, or alteration of, entries or entry data. If, for any reason, the Sweepstakes is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Sponsor which affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sponsor will pick the winners from all eligible, non-suspect entries received prior to such action.
Entrants agree that the Sponsor, its parent, subsidiaries and affiliated companies, prize suppliers, participating retailers, advertising and promotion agencies, and their respective parent and affiliate companies, suppliers, printers, distributors, and the respective officers, managers, members, directors, employees, representatives and agents of each and any other person or entity related in any way to this Sweepstakes (collectively, the “Sweepstakes Entities”) will have no liability whatsoever for, and shall be held harmless by entrants against, any and all liability, including but not limited to any death, injury, loss or damage of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize, participation in this Sweepstakes, or while traveling to, preparing for or participating in any prize-related activity. The Sweepstakes Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the prize, or any portion thereof, awarded.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Winners List: For a list of winners, send a written request together with a self-addressed, stamped envelope to Kemps & Coborn’s Win Twins Sweepstakes, c/o Kemps LLC, 1270 Energy Lane, St. Paul, MN 55108. Requests must be received by July 31, 2018.
- Change or Cancellation: Sponsor reserves the right to change the rules or cancel this offer at any time without further obligation or liability.
- Copyright© Kemps LLC 2018. All rights reserved. Kemps, and the associated logo(s), are registered trademarks of Kemps LLC. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.
KEMPS DIAMOND DELIGHTS TWINS TICKET PHOTO SWEEPSTAKES
OFFICIAL PROMOTION RULES
Notice concerning Instagram: The Kemps “Diamond Delights” Twins Ticket Photo Sweepstakes (the “Promotion”) is sponsored by Kemps LLC (hereinafter the “Sponsor”). The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and the third parties it has engaged to assist it in administering the Promotion and not to Instagram. The owners and operators of Instagram are completely released from all liability by each Entrant in this Promotion. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not Instagram.
Overview of Promotion
This Promotion provides 12 lucky winners with a chance to win two tickets to a Twins game. To enter, simply take a picture of yourself with any Kemps Diamond Delights products, packaging or logos/content/imagery and share it on Instagram using the hashtags #KempsDiamondDelights and #sweeps. Sponsor will choose 12 eligible Entrants to receive two tickets to a Twins game, subject to the prize details below.
- PROMOTION PERIOD
Promotion entry begins at 12:00:01 a.m. Central Time (“CT”) on June 1, 2018, and ends at 11:59:59 p.m. CT on July 15, 2018 (the “Promotion Entry Period”).
Sponsor’s computer is the official time-keeping device for the Promotion. Evidence of submitting an entry does not constitute evidence Sponsor received the entry.
The Promotion is open to persons who are, at the time of entry, the age of majority or over in their jurisdictions of residence and legal residents of Minnesota and Wisconsin only. Void where prohibited by law.
Employees of the Sponsor, its affiliated companies or agents, their respective advertising or promotional agencies, its media sponsors, the third parties engaged by Sponsor to assist it in administering the Promotion, or the MLB Entities (defined below) or a member of any such employee’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the employee or not) are prohibited from participating in the Promotion. In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner and/or spouse. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“COB”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM” or “MLB.com”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the COB, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
- HOW TO ENTER
To enter the Promotion, simply take a picture of yourself with any Kemps Diamond Delights products, packaging or logos/content/imagery and share it on Instagram using the hashtags #KempsDiamondDelights and #sweeps, using your public Instagram account. No purchase necessary; Entrants can download Diamond Delights content/imagery to include in their Entry by visiting the Kemps website at www.kemps.com (“Website”). All entries must be submitted during the Promotion Entry Period. By entering, you accept the Official Rules (which you must review on the Website before entering). A person who submits a Submission (as that term is defined below) is considered the “Entrant” for Promotion purposes, regardless of who is actually featured in the Submission photo.
To have a valid entry, your Instagram account cannot be set to private. Sponsor is unable to track your posts for entry purposes if your account is set to private.
Your Submission must be posted through your valid and active Instagram account. In the event of a dispute, entries received shall be deemed to be submitted by the “Authorized Account Holder” of the account used at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an account by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning the account associated with the entry. If Entrant does not already have an Instagram account, one can be opened for free by visiting www.instagram.com or by downloading the Instagram application from the Apple Store or Google Play. All entries must comply with the Instagram site terms and conditions.
One (1) entry per person. Multiple Instagram postings will not increase your opportunity to win.
As part of the entry process, you are required to submit a photo as described above with the hashtags #KempsDiamondDelights and #sweeps, (each a “Submission”). If your Submission does not meet the criteria herein, as determined at Sponsor’s discretion, your entry may be ineligible. Submissions will not be acknowledged or returned.
Submission Format And Content
Submissions must, in the sole discretion of Sponsor:
- be in English;
- be completed by the Entrant;
- include the hashtags #KempsDiamondDelights and #sweeps;
- be submitted only once;
- be intended for a family audience and contain only content that is suitable for all persons and all ages;
- not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network;
- not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation;
- not contain any trademarks or copyright-protected works (other than as owned or properly licensed by the Entrant) and in any event not infringe any other intellectual property right or publicity/privacy right of any person or entity;
- be submitted in a format and size acceptable to Instagram;
- not show the Entrant in any state of undress or in inappropriate attire, as determined by Sponsor in its sole discretion;
- not contain the last name, phone number(s), address, or email address of any person, including the Entrant;
- be a personal photo of the Entrant or someone the Entrant is affiliated with and has the necessary permissions as set forth herein and must NOT include any famous or notable entity or person(s) whether living or deceased, or images of any creative works of a third party, unless Entrant has verifiable permission to use such content, which will be provided to Sponsor upon request;
- may include images of persons other than the Entrant; however, any prize awarded will be awarded ONLY to the Entrant. All persons featured in the photo must acknowledge that they are not being entered in the Promotion and are not eligible to win the prize and must be either the age of majority in their jurisdictions of residence (and at least 18) or have the permission of their parent or guardian, and at the request of Sponsor, the Entrant must be able to provide a privacy release that covers any individual included in the photo;
- not include any of the following: (a) materials relating to lotteries or gambling; (b) explicit content, images of violence, or promotion of illegal activities; (c) libelous, defamatory, disparaging, tortious or slanderous materials; (d) content that denigrates, disparages or reflects negatively on Sponsor, Instagram, the MLB Entities, their owners and employees, or the game of baseball; (e) tobacco, e-cigarettes, alcohol or drugs; (f) dangerous stunts; (g) real weapons of any kind including, but not limited to, guns, knives or projectiles; (h) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; (i) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the entry is created; and (j) materials that are sexually explicit or include any other content that Sponsor finds objectionable or in poor taste in Sponsor’s sole discretion.
Normal time, toll, connection and usage rates, if any, charged by your Internet Service Provider will apply. No automated entry devices and/or programs permitted. All entries and physical Submissions become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor, the MLB Entities, and Instagram are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only entries which comply with all requirements outlined herein are eligible.
There is twelve (12) prizes available. The prize consists of two (2) tickets for winner and his/her Companion for one (1) 2018 regular season Minnesota Twins Major League Baseball® game. Total Approximate Retail Value of All Prizes $3600.
Prize consists only of items specifically listed as part of the prize or as agreed upon by Sponsor in writing. Certain conditions and restrictions may apply, specifically including without limitation any restrictions printed on the tickets and any rules and regulations of the applicable MLB Entities. All costs and expenses not specified herein, related to the prize or incurred by accepting a prize, are the sole responsibility of the winner, including without limitation travel costs, meals, parking, and any other expenses incurred in enjoying the prize.
The Companion of a winner must be over the age of majority in the jurisdiction in which the Companion resides on the date that the prize is utilized, unless the winner is the Companion’s parent or legal guardian. In order to take part in the prize, the winner and Companion may be required to sign and deliver a Declaration and Release Form within the requested timeframe (see below).
Seat locations at the game and the game date shall be determined in the sole discretion of Sponsor. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the game tickets awarded as part of the prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her Companion agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her Companion who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game, event or exhibition tickets.
Except where or to the extent prohibited by law, winner agrees that Sponsor and the MLB Entities may use winner’s and Companion’s name, likeness, statements, biographical information and any related images or video footage for any purpose whatsoever in any form or medium now or hereafter known in perpetuity without any further compensation to, or consent from, winner or Companion. Except where or to the extent prohibited by law, winner and Companion agree to allow Sponsor and the MLB Entities access and the opportunity to videotape and/or photograph portions of the prize experience, as determined by Sponsor and the MLB Entities. However, Sponsor and the MLB Entities have no obligation to use such materials. Winner agrees that use of the winner’s and Companion’s photo, video, statements, likeness and biographical information for any purpose whatsoever does not form part of the prize and that the Sponsor and the MLB Entities are not required to reproduce or display any images of the winner or Companion in any media.
All prizes must be accepted as awarded without substitution and are not transferable, not for resale and have no cash surrender value. The Sponsor reserves the right, in the event that the prize (or portion thereof) cannot be awarded as described for any reason whatsoever, to substitute another prize of equal or greater value. Once awarded to the winner, the Sponsor and the MLB Entities shall have no liability whatsoever for the prize or the use or misuse of the prize by the winner or Companion. Taxes on the prize are the sole responsibility of the winner.
The MLB Entities (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
- WINNER SELECTION AND NOTIFICATION
The potential prize winner will be selected in a random drawing on or about July 20, 2018. Twelve winners will be selected from all eligible entries received. The drawing will be conducted in accordance with these Official Rules on Sponsor’s behalf. The potential winners will be notified by direct message to the Instagram post used for the entry on or about July 23, 2018. Sponsor’s comment will give instructions on how winner should contact Sponsor to claim the prize. The winners must reply to the winner notification from Sponsor and include his/her mailing address and email address. If a potential winner (a) does not respond to the direct message notice within two (2) business days of being selected; (b) fails to return any requested properly executed release forms within the specified time (see below); or (c) declines the prize for any reason, then he/she will be disqualified and another potential winner may be selected by random draw from among the eligible Entrants until such time as all winners are declared or there are no more eligible Entrants. The Sponsor, MLB Entities, and Instagram will not be responsible for failed attempts to contact a potential winner.
- DECLARATION AND RELEASE DOCUMENTS
Except where or to the extent prohibited by law, before being awarded a prize, the potential winner and Companion may be required to sign and return within the time stipulated by the Sponsor, a declaration and release form stating that (i) he/she has read and understood the Official Rules, (ii) grants all consents required, (iii) authorizes the Sponsor and MLB Entities to broadcast, publish and disseminate his/her name, city of residence, photograph, likeness, statements, voice and Submission in connection with any promotion or publicity, and/or for general news, entertainment and information purposes at no additional compensation to the potential winner beyond the awarding of the prize, (iv) accepts the prize as offered (where applicable), and (v) releases Sponsor, the MLB Entities and the Instagram (and their affiliated and related companies, advertising and promotional agencies, the parties engaged by Sponsor to assist it in administering the Promotion and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns) from any liability in connection with the prize (and all portions thereof) or this Promotion.
(i) By entering this Promotion, Entrants agree to abide by the Official Rules. The decisions of the Sponsor, and the third parties Sponsor has engaged to assist it in administering the Promotion, with respect to all aspects of the Promotion are final.
(ii) The Sponsor and its agents and the MLB Entities accept no responsibility for loss, damage or claims caused by or resulting from the Promotion or any prize associated with this Promotion, including but not limited to death or property damage due, in whole or in part, directly or indirectly to the acceptance, use, or misuse of a prize, travel or other activities related to any prize, participation in any Promotion-related activity, or participation in the Promotion.
(iii) The Sponsor and its agents, the MLB Entities, and Instagram will not be responsible for late, lost, illegible, incomplete or destroyed Submissions; all such entries are void. The Sponsor and its agents, the MLB Entities, and Instagram will not be liable for any failure of the Promotion Website or Instagram, and do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Entry material/data that has been tampered with or altered is void. In the event it is determined that an Entrant has entered in a fashion not sanctioned by the Official Rules and/or has submitted more than the number of entries permitted by the Official Rules, the Entrant will be disqualified and all of the entries submitted by the Entrant will be disqualified. Sponsor reserves the right to void all entries made though any robotic, automatic, mechanical, programmed or similar entry duplication method.
(iv) The Sponsor reserves the right, to terminate or amend this Promotion at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Promotion is not capable of running as originally planned, as a result of tampering, infection by computer virus, events beyond Sponsor’s reasonable control, etc., the Sponsor reserves the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Promotion as a result of such event, the Sponsor reserves the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such event. The Sponsor and any independent Promotion organization and the MLB Entities shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Promotion, including, but not limited to, any damage to an Entrant’s computer equipment, system, software or any combination thereof, as a result of the Entrant’s participation in this Promotion.
(v) WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR AND THE MLB ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
(vi) This Promotion is subject to all applicable federal, provincial, state, and municipal laws.
(vii) Each Entrant agrees to indemnify, defend and hold harmless Sponsor, Instagram and the MLB Entities in the event that any third-party claims that a Submission infringes such third-party’s intellectual property or publicity/privacy rights.
(viii) The Sponsor respects your right to privacy. Personal information collected from Entrants will only be used by the Sponsor and its agents to administer the Promotion and in any other way listed herein or disclosed to the Entrant by Sponsor.
(ix) Sponsor reserves the right, at its sole discretion, to suspend, disqualify, limit or revoke this Promotion from any person it finds or believes to be manipulating or otherwise abusing the process, fairness, integrity, safety or operation of the Promotion.
- DISPUTE RESOLUTION/CHOICE OF LAW: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Minnesota. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by the appropriate federal or Minnesota State Court. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
- WINNERS LIST: For the name of the winners, please send a self-addressed, stamped envelope to Kemps at below address on or before August 30, 2018.
- SPONSOR: Promotion is sponsored by Kemps LLC, 1270 Energy Lane, St. Paul, MN 55108.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
KEMPS PASSION FOR GOOD CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. THIS CONTEST IS OPEN ONLY TO LEGAL U.S. RESIDENTS WHO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE OFFICIAL RULES.
- Contest Description: Kemps LLC (Sponsor) will award TWO (2) Grand Prizes (One (1) Grand Prize winner from MN & One (1) Grand Prize Winner from WI) to the Contestants whose submissions are selected by the Judges as the best entries. Please see Judging Criteria below for further information regarding the selection process.
- Contest Term: The Kemps Passion For Good Contest (the Contest) begins on December 22, 2017 at 12:00:01 am CST and ends on February 25, 2018 at 11:59:50 pm CST (the Contest Term). All entries must be received during the Contest Term. Sponsor’s computer timeclock is the timekeeper for all Contest purposes, and entries are only valid upon receipt by Sponsor’s computer system.
- Eligibility: No purchase or payment is necessary to enter or win this Contest. This Contest is only open to legal U.S. residents who are the age of majority or older at the time of the Contest entry and who reside in the following states: Minnesota & Wisconsin. Contestants may not be employees of the Sponsor, or of its parent company, subsidiaries, affiliated companies, partners, advertising or promotion agencies or prize donors, nor may they be members of the immediate families of any of the foregoing, or persons living in their households. Entries are limited to individuals only: commercial enterprises and business entities are not eligible. THE CONTEST IS VOID WHERE PROHIBITIED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
- Sponsor: Kemps LLC, 1270 Energy Lane, St. Paul, MN 55108 is the Sponsor of this Contest.
- Submissions: Each submission should: (i) include a story of how an inner circle is providing a strong support network for fueling you or your athlete’s passion for good; (ii) be suitable for all ages; (iii) be original and owned by Contestant; (iv) not contain any third party content, including but not limited to any copyrighted material, third party trademarks, and/or names or likeness of any third parties; and (v) not include any obscene, lewd or offensive content. Sponsor reserves the right, in its sole discretion, to disqualify or refuse to post any entry at any time. Once the entry is submitted, Contestant may not update, revise or rescind the entry. Any entry that is modified after being received may be disqualified. By submitting your submission, you accept all Contest rules and agree to be bound by the decisions of the Sponsor and Judges. All entries, including all submissions, and all legal rights and interests in them, including the rights of copyright, become the exclusive property of Sponsor, who reserves the right to edit, adapt, copyright, publish, transfer and use any or all of them in all media worldwide, including the Internet, without compensation to you or any third party and will not be acknowledged or returned, or any portion thereof. Each entrant agrees to take any actions (including execution of documents) reasonably requested by Sponsor to effect, perfect or evidence the foregoing assignment.
- Judging: Selection of Winners: Submissions will be reviewed by a panel of judges representing Sponsor (the “Judges”) on or about February 26, 2018. The Judges will determine the Two (2) Grand Prize Winners based on the following criteria: Contribution of support circle in fueling athlete’s passion for good (50%); Athlete’s efforts in pursuing their athletic dreams (30%); Creativity and quality of submission (10%); Compatibility with Sponsor’s brand message (10%). Ties will be settled based on the tied entry with the highest score in the first criteria listed above. If there is still a tie, an independent qualified judge will be chosen to score the tied entries and select a winner based on the above criteria. The selection of the Grand Prize Winners’ submissions shall be made in the Judges’ sole and absolute discretion. All decisions of the Judges shall be final, and the Judges will not disclose scores for individual submissions. Winners will be announced on or about March 6, 2018.
- Prizes and Restrictions: TWO (2) Grand Prize Winners (the “Winners,” one (1) from MN & one (1) from WI) will each receive a Three (3) day, Two (2) night Trip for Four (4) to visit the US Olympic Training Center in Colorado Springs, CO. Any minor(s) traveling as Winner’s guest must travel with his/her parent or legal guardian, who must be included as one of the Winner’s three guests. The trip includes four round-trip airline tickets from Minneapolis/St. Paul to Colorado Springs, CO, two nights lodging (one standard room with two double beds), ground transportation while in Colorado Springs and tickets to the US Olympic Training Center. The approximate retail value (ARV) of the prize package is $4,020. Total Contest (ARV) is $8,040. Each Winner and three guests must travel on the same itinerary. Flights, transportation, accommodations and exact dates of visit to the US Olympic Training Center in mid-May or June, 2018 will be determined by the US Olympic Training Center & Sponsor. Actual value may vary based on timing of the trip. Taxes, if any, are the Winner’s responsibility. All other expenses including travel to and from the Minneapolis airport, parking, meals, drinks, gratuities, incidentals, insurance of any type, etc. not specified herein are the responsibility of the Winners and Winners’ guest(s). Winner must take the arrangements made; they cannot be altered, and failure of Winner or Winner’s travel guest(s) to follow such schedule shall not obligate Sponsor in any manner to make alternate arrangements. No substitution or transfer of prize is permitted. Sponsor reserves the right to substitute a prize of equal or greater value, if the advertised prize becomes unavailable or impractical. Acceptance of prize constitutes permission to the Sponsor (and its designees) without any further compensation, consideration, notice, review or consent, to unconditionally and irrevocably use, exhibit and publish, in any medium now known or hereinafter known at any time, throughout the world in perpetuity, the following information and materials regarding each Winner and Winner’s guests: (a) name, city and state of residence, age, image, likeness, voice, biographical information and any statements for advertising, publicity, trade and public relations purposes, to the extent permitted by law; and (b) any film, tape recording or other reproduction of the appearance or voice of such people upon the awarding or enjoyment of the prize. Prize recipients and guests shall have no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any such use or any blurring, distortion, alteration, optical illusion or use in composite form, whether or not intentional.
Each Winner will be notified using the contact information provided in his/her entry. If a Winner is unable to be contacted using the information provided, for any reason, the Winner will be disqualified and the entry with the next best rating (determined by the Judges) will be selected as an alternate Winner. If for any reason any Winner is ineligible or does not accept the Grand Prize as described above, no cash or other compensation will be paid, and the entry with the next best rating (determined by the Judges) will be selected as an alternate Winner. Additionally, if the Winner is unable to comply with these rules and regulations, the entry with the next best rating (determined by the Judges) will be selected as an alternate Winner. Sponsor is not responsible for Winner limitations that prevent acceptance or use of any prize. Each Contestant preliminarily chosen as a Winner or alternate Winner, if applicable, (each, a “Potential Winner”) may be required to execute and return an Affidavit of Eligibility, Release of Liability, and Publicity Release within ten (10) business days of receipt of such Affidavit and Release, and must possess age-defining documentation (i.e., photo identification) prior to the prize release. Failure to execute and return the required documents within ten (10) days of receipt may subject a Potential Winner to disqualification and, in such case, the entry with the next best rating (determined by the Judges) will be selected as an alternate Winner. Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a Potential Winner. No Prize is transferable or assignable to another party.
- Taxes: Winner is solely responsible for all applicable taxes associated with receipt of the Grand Prize.
- General: By entering this Contest, each Contestant warrants that: (a) the Contestant has read, understood, and followed the Kemps Passion For Good Contest Rules; (b) the Contestant agrees to be bound by the decisions of Sponsor and the Judges; (c) the Contestant is eligible under these Contest Rules; (d) the submission is original and owned by Contestant. All Potential Winners and their entries may be subject to verification and investigation before being awarded any prizes. In the event not enough qualified entries are received, Sponsor is not responsible to award more prizes than entries received. This Contest shall be governed by Minnesota law. By participating in this Contest, Contestants agree that (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action and Minnesota courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in Minneapolis, Minnesota; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event shall there be a claim or award of attorneys’ fees or costs; and (c) under no circumstances will Contestants be permitted to obtain, and Contestant 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 otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT BE APPLICABLE TO EACH CONTESTANT AND/OR WINNER.
- Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Contest or for any technical or human error, which may occur in the processing of entries in the Contest. Sponsor assumes no responsibility for any incomplete, misdirected, late or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, garbled or corrupted data transmitted, theft or destruction or unauthorized access to, or alteration of, entries or entry data. If, for any reason, the Contest is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which affects the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.
Contestants agree that Sponsor, Judges, Facebook, the United States Olympic Committee, prize suppliers, participating retailers, advertising and promotion agencies, and their respective parent and affiliate companies, suppliers, printers, distributors, and the respective officers, managers, members, directors, employees, representatives and agents of each and any other person or entity related in any way to this Contest (collectively, the “Contest Entities”) will have no liability whatsoever for, and shall be held harmless and indemnified by Contestants against, any and all liability, including but not limited to any death, injury, loss or damage of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Grand Prize, participation in this Contest, or while traveling to, preparing for or participating in any prize-related activity. The Contest Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the prize, or any portion thereof, awarded.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Contest; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person in Sponsor’s sole discretion. CAUTION: ANY DELIBERATE ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Facebook Role: This Contest is in no way sponsored, endorsed, administered by or associated with Facebook. Entrants are providing their personal information to Sponsor, and not to Facebook.
- Winners List: For a list of winners, send a written request together with a self-addressed, stamped envelope to Kemps Passion For Good Contest c/o Kemps LLC, 1270 Energy Lane, St. Paul, MN 55108. Requests must be received by April 30, 2018.
- Change or Cancellation: Sponsor reserves the right to change the rules or cancel this offer at any time without further obligation or liability.
- Copyright © Kemps LLC. All rights reserved. The Kemps logo is a registered trademark of Kemps LLC.
Questionnaires and Surveys
We may occasionally ask visitors to complete surveys and opinion polls about their attitudes and interests. Surveys help us to understand your needs. If sample answers to surveys are posted on the website site, no personally identifiable information will be included. If you participate in one of our surveys, you can be assured that we do not maintain any personal information about you in our databases as a result of the survey.
How We Use Your Personal Information
If you specifically agreed to follow-up contacts by us or asked to be put on our mailing list when you registered, we may contact you from time to time. For example, we may send you marketing or promotion materials; we may respond to your comments or requests for information; or we may contact you if needed in the course of processing a product or service you requested through our website.
When you use our Recipe function, we collect whatever information you submit, whether it’s in the form comments that explain your opinions about a recipe or how to prepare it. Please remember that when you post your comments they are publicly available, so you should exercise caution when deciding to disclose anything personal about yourself. We will not display comments that include personally identifying information.
In the e-mail section of our site, we ask for some personally-identifiable information, such as your name and phone number. We use this information only if we need to contact you directly because our attempts to contact you by e-mail were unsuccessful. We don’t use your e-mail address for any purpose other than responding to the message you’ve sent, unless we have your permission.
We also use personal information about you to improve our marketing and promotional efforts; to statistically analyze website usage; and to improve our features and content. We may also use your personal information to deliver content that is customized to your interests as we best understand them from the information you’ve provided to us and your activities on the site. This customized content may include such things as recipes, banners, product information, and promotions. We do not collect personal information automatically, but we may combine non-personal information collected automatically with your previously submitted personal information.
Third Parties Who Provide Support Services to Kemps LLC
In the course of doing business, we employ other companies and individuals to perform a variety of functions on our behalf. For example, we hire agencies to help administer consumer promotions, to analyze data, to fulfill orders you place, and to provide customer service. These agents may have access to personal information if it is needed to perform their functions for Kemps; however, they are prohibited from using it for other purposes and they are required to maintain the information in confidence.
Data Sharing and Transfer
We do not sell, transfer, or disclose the personally-identifiable information we gather at our websites to third parties without your prior consent. There are only two exceptions to this rule: (1) We will disclose information in cases where we believe in good faith that it is necessary to prevent a crime or an injury to ourselves or third parties; and (2) We disclose information to third parties who provide support services to us, as described above.
There may be times when we share aggregate information about our visitors (for example, the percentage of male and female visitors to our site) with advertisers, business partners, sponsors, and other third parties in an effort to customize or enhance the content and advertising of our site for our users. We may also aggregate data from web log files (such as your web browser, operating system, pages visited, etc.) to understand how users navigate the site and what features are most popular.
Links to Other Sites
Choice and Control
You are ultimately in control of the personally-identifiable information you provide to us on our site. For example, you can always change your preference for follow-up contacts just calling our 1-800 number as mentioned on the About Kemps.
Important Note to Kids
Before providing your name, address, e-mail address, or any other personal information to anyone on the Internet, be sure to ask your parents if it’s OK.
Some portions of our website are directed in whole or in part to kids under 13. In these areas of our website, our conduct is governed by federal law and regulations that address children’s online privacy, as well as by the guidelines of the Children’s Advertising Review Unit (CARU), a part of the Council of Better Business Bureaus.
We do not directly collect personally identifiable information from kids under 13 in the child-directed areas of our website, except as permitted by federal regulations and CARU guidelines. We do sometimes offer promotions in these areas of our website, such as a sweepstakes or contest. In those cases, we may permit the child to enter by submitting a first name and e-mail address only, along with the name and e-mail address of his/her parent. We then would notify the parent about the child’s entry, and offer the parent an opportunity to withdraw the entry and remove the submitted information from our database. If the parent permits the child’s participation in the promotion and the child wins, we contact the parent (not the child) for further personal information needed for any prize delivery. We do not use the child’s personal information for any purpose other than completion of the promotion, and we do not share the information with third parties (other than support service companies as described above), unless we’ve explicitly said so in the notice to parents. We delete both the child’s and the parent’s personal information from our database within a reasonable time after the conclusion of these promotions, unless the parent has given permission for us to retain the information in our files.
Under federal law, websites directed to children under 13 are prohibited from conditioning a child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to engage in the activity. We comply fully with this requirement.
Upon proper identification, any parent can review any personal information we have collected from their child, if we are still maintaining the information in our operational database. They may also request that the information be deleted from our database, and refuse to permit further collection or use of their child’s information. If you are a parent and wish to exercise these rights, please contact Kemps LLC as described below.
How To Contact Us
1270 Energy Lane, St. Paul, MN 55108
Attention: Consumer Relations Department
We’ll be happy to answer your questions or hear your concerns.