BABY RUTH® x GOONIES® “First Friends” SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. ELIGIBILITY:

The Baby Ruth® x Goonies® First Friends Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry, who have a valid Email and Instagram account as of the time of entry (“Eligible Entrant”). Employees, agents, directors and officers of Ferrero U.S.A., Inc. (“Sponsor”), Golin/Harris International, Inc. (“Administrator”), Warner Bros. Home Entertainment Inc., Amblin Entertainment, Inc, and any of their respective parents, affiliates, subsidiaries, representatives and fulfillment, advertising, marketing and promotion agencies (collectively, the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee/agent/director/officer are not eligible to enter or win. Void in Puerto Rico and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Sweepstakes.

All Instagram terms and conditions apply. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.

2. PROMOTION PERIOD:

The Baby Ruth® x Goonies® First Friends Sweepstakes (the “Sweepstakes” or “Promotion”) begins at 12:00:00 AM (ET) on Thursday, October 1, 2020 and ends at 11:59:59 PM (ET) on Thursday, October 15, 2020. (“Promotion Period”).

3. HOW TO ENTER:

To enter the Sweepstakes, an Eligible Entrant should post a photo with your first and best friend and/or friend with whom Eligible Entrant has the longest friendship (“First Friend”) on your own Instagram page. Post must include the hashtag #FirstFriendSweeps and tag @babyruthbar. User must also follow the official Baby Ruth Instagram account @babyruthbar. Signing up for an Instagram account is free; go to https://www.instagram.com/. It is the Eligible Entrant’s sole responsibility to secure the consent of his/her First Friend before posting the photo which causes Eligible Entrant to enter the Sweepstakes. For the avoidance of doubt, an individual who is a First Friend to an Eligible Entrant may enter the Sweepstakes by posting a photo of herself/himself as an Eligible Entrant with the First Friend in their life.

First Friend in the photo must be eighteen (18) years of age or older, at the time of entry.

Submitting an original First Friend photo using the above method from your public account on Instagram , will result in one entry, subject to compliance with these Official Rules. Private messages and/or comments on other entries with first friend themed photo will NOT result in entry. If entering using a mobile device, entry may require data usage or incur data usage charges. Such charges may apply regardless of whether you are successful in posting and entering the Sweepstakes. Check your mobile plan for rates/details. Wireless access may not be available in all areas.

Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete, incorrect or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Instagram account/handle used to enter the Sweepstakes will be deemed to be the entrant.

Submitted First Friend themed photo for Sweepstakes entry must not:

  • include any person other than yourself, your First Friend in your life without their written permission, or otherwise violate the intellectual property (including trademark, copyright, right of publicity, right of privacy) of any third party;
  • include any anti-social, political or religious images or descriptions, and should not include your, your First Friend or any other person’s/companies’ full name, address, email address, phone number, or URL
  • contain advertisements, personal solicitations or commercial solicitations.
  • contain material that is illegal, inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group) in Sponsor’s sole discretion.
  • contain material that advocates aggressive or violent behavior.
  • contain 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 other trait.
  • contain material that disparages or adversely affects the goodwill and business reputation of Sponsor or its Baby Ruth® product.
  • Make any health claims regarding the Baby Ruth® product or suggest/imply that the Baby Ruth® product should be consumed other than in accordance with the label of same.
  • Contain material that is irrelevant to the First Friend theme of the Sweepstakes.

If Sponsor/Administrator determines, in their sole discretion, that a post/photo is in violation of any of the foregoing requirements or these Official Rules, the post/photo will be void and will not result in Sweepstakes entry.

To the extent that your photo includes an endorsement of Baby Ruth® you represent and warrant that the post/photo is truthful in all material respects and accurately references your actual experience in using such product.

Subject only to those rights retained by Instagram Inc. (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the post/photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant further agrees, upon Sponsor’s request and without compensation, to use commercially reasonable efforts to assist Sponsor in obtaining a similar grant of rights from your First Friend included in his/her post/photo.

POSTS/PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE ELIGIBLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.

Sponsor may acknowledge receipt of posts/photos for entry, including by commenting upon or re-posting them. Should Sponsor choose to do so, any such acknowledgment merely indicates that the post/photo has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Sweepstakes.

Limit one (1) entry per person/Instagram account during the promotion period. For the avoidance of doubt, the entry limit does not prevent the same First Friend from being the subject of posts/photos from other persons. Use of any automated program or like means to violate the entry conditions (including the entry limit) will void all that entrant's entries and that entrant will be disqualified from the Sweepstakes. (If an entrant is disqualified, the First Friend who is the subject of the voided post/photo may still serve as the subject of another entrant’s post/photo submitted as an entry.)

4. SELECTION OF WINNER

One (1) winner will be selected in a random drawing among all Eligible Entries received during the Promotion Period. The drawing will take place no later than October 19, 2020 by the Administrator, whose decisions are final and binding. Odds of winning the Sweepstakes will depend upon the total number of eligible entries received for the random drawing during the Promotion Period.

AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

Provided that the content of the post/photo is in compliance with these Official Rules, the quality of the post/ photo will NOT be taken into account in the winner selection process.

Potential winners will be notified by direct message (i.e., private message) on Instagram. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM SPONSOR (i.e., @babyruthbar). A response is required to such notification within 72 hrs. from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified and an alternate winner may be selected from among all remaining eligible entries received. In the notification, potential winner will be directed to provide his/her additional contact information (e.g., e-mail, name, street address, no PO boxes) for purposes of winner verification and prize claim. Potential winner will have the option to have the prize mailed to him/her OR a portion of the prize mailed to the First Friend who is the subject of the winning entry. BY SELECTING TO HAVE A PORTION OF THE PRIZE MAILED TO THE FIRST FRIEND, POTENTIAL WINNER WAIVES ANY RIGHT THAT HE/SHE PERSONALLY MAY HAVE TO THAT PORTION OF PRIZE: SPONSOR WILL ONLY AWARD ONE (1) GRAND PRIZE TO BE SHARED BY THE POTENTIAL WINNER AND FIRST FRIEND. To select First Friend to receive his/her portion of prize, potential winner must provide the name and complete address (no PO boxes) in the United States, excluding Puerto Rico. of the First Friend that appears in the photo submitted in his/her winning entry. IN SELECTING YOUR FIRST FRIEND TO RECEIVE A PORTION OF PRIZE, POTENTIAL WINNER FURTHER REPRESENTS AND WARRANTS THAT HE/SHE SECURED THE CONSENT OF HIS/HER FIRST FRIEND BEFORE PROVIDING HIS/HER NAME AND ADDRESS TO SPONSOR AND ADMINISTRATOR. The name and address of the First Friend will ONLY be used by Sponsor and Administrator for purposes of prize fulfillment.

In the event a potential winner cannot be contacted, fails to comply within the 72-hour time period corresponding to each step of the winner notification/verification process, he/she is disqualified or if the prize is returned as undeliverable to winner or his/her First Friend (as applicable), the prize will be forfeited and Sponsor may choose an alternate potential winner in the manner set forth above.

5. PRIZE

A total of one (1) GRAND PRIZE, to be shared between the Grand Prize Winner and First Friend, is available to be won in the Sweepstakes. Prize will consist of:

  • Two (2): Custom letterman style jackets – ARV $500 ($250 each)
  • Two (2): 1-year supply of Baby Ruth candy bars (awarded as 365 bars per person): ARV $2,000 total ($1,000 per person)
  • Two (2): The Goonies® 35th Anniversary 4K HD Digital Movie: ARV $60 total ($30 per person)
  • One (1): Fifteen (15) minute web video call with celebrity Sean Astin. Video call must occur within 60 days of Grand Prize Winner confirmation. Video call must occur on a weekday (Monday-Friday).: ARV $ 1,000 total

Total Grand Prize ARV $3,560.00

6. PRIZE RESTRICTIONS: No prize transfer (except to the winner’s First Friend, as discussed above) or cash redemption. No prize substitution, except by Sponsor who reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Any stated difference between the approximate retail value and actual value of prize or any substituted prize will not be awarded. Any federal, state, and local taxes on prize are the sole responsibility of Winner. All costs and expenses not specified herein as being awarded are the sole responsibility of Winner. In no event will more than the stated number of prizes be awarded. Prize consist of only the items specifically listed as part of the Grand Prize. Each of the Winner and Frist Friend will be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the Grand Prize will be awarded. The Winner and First Friend will receive an IRS form 1099 for the total value of the prize won. Sponsor and Administrator are not responsible for any change of potential winner’s email address and/or potential winner’s/ First Friend mailing address (as applicable) or if email address (for potential winner) or mailing address (for potential winner or First Friend, as applicable) is incomplete or otherwise defective. All prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Any un-awarded, unclaimed or voided prizes will not be awarded.

MOVIE: The Winner and First Friend must redeem the GOONIES® Digital Movie (“Movie”) by no later than 6/30/2022 otherwise, this part of the Grand Prize shall be forfeited without substitution or other payment. Winner and First Friend must reside in the U.S. and register for a digital service provider account to receive the Movie.

CELEBRITY VIDEO CALL: Video Web call with Sean Astin must occur within sixty (60) days of Grand Prize Winner confirmation and shall only be available for Winner during the work week (Monday – Friday). Should Sean Astin not be available for any reason, the sole liability of Sponsor will be to award the remaining elements of the Grand Prize. Sponsor may, however, use reasonable commercial efforts to find a substitute celebrity, as determined by Sponsor in its sole discretion, but Sponsor is in no way obligated to do so. In the event, Sponsor cannot provide a substitute celebrity, Sponsor shall not be liable and no alternate prize or compensation will be awarded.

7. GRANT OF RIGHTS: By submitting an Entry, Eligible Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of post with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered. The Potential Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their post. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

8. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Eligible Entrant's participation in or attempt to participate in the Sweepstakes, or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of the Baby Ruth® Instagram page in whole or in part for any reason (for Instagram, including filtering or other operation of the social media platform); (h) traffic congestion on the Internet, on Instagram, or any promotion related website; (i) unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry procedure and/or the prize claim procedure , whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Sweepstakes, or otherwise; or (l) destruction of any aspect of the Sweepstakes, or loss, misdirection, inaccessibility or unavailability of an email address or Instagram account/handle used in connection with the Sweepstakes. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing of Entries or prize claims (as applicable), the announcement of the prizes or any Sweepstakes-related materials. Use of the Baby Ruth® Instagram page is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person's computer or mobile phone resulting from participation in the Sweepstakes. Sponsor is not responsible for any human error that may occur in the processing of the Sweepstakes.

9. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering the Sweepstakes, each Eligible Entrant agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, city and state of residence, photographs and/or likeness, and post for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, except where prohibited by law; (b) that Sponsor and its designees shall have the right and permission to (i) alter, amend, edit or change Entries, including the post, prior to distribution and (ii) use, distribute, reproduce, alter, amend and copyright Entries, including any post, photo submitted as an entry of the Sweepstakes for purposes of advertising and trade (including in conjunction with posting on the Baby Ruth® Instagram page) without compensation, unless prohibited by law; (c) to release the Released Parties as well as Instagram from all liability and to indemnify, defend and hold harmless the Released Parties as well as Instagram, from and against any claim, action, liability, loss, injury or damage to Eligible Entrant, or any other person or entity, including, without limitation, infringement or violation of third party rights (including Entrant’s First Friend) or personal injury or death to Eligible Entrant, or any other person (including Eligible Entrant’s First Friend) or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of the Prize, (ii) participation in or administration of this Sweepstakes, (iii) the use (or non-use) of any entry or any of the rights granted herein; (iv) defamation, violation of right of publicity or right of privacy; and (v) any element of this Sweepstakes; (d) to assume all liability for any injury or damage related to (c) (i)-(v); (e) to be bound by the Official Rules (f) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (g) that all causes of action relating to this Sweepstakes will be resolved individually without resort to any form of class action; (h) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (i) that New York law (without regard to principles of conflict of law/choice of law) shall apply exclusively to the Sweepstakes and that any dispute with respect to the Sweepstakes shall be resolved in either the federal or state courts located in the County of New York, State of New York.

Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if Sponsor suspects fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any other similar causes or factors beyond Sponsor's reasonable control could corrupt, impair or compromise the administration, security, integrity or fairness of the Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion. Should the Sweepstakes (or any portion thereof) be cancelled or terminated for any of the aforementioned reasons, the Sweepstakes will be conducted in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event the Sweepstakes is cancelled or terminated, notice will be posted on the Baby Ruth® Instagram page. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials, including without limitation, the Baby Ruth® Instagram page and the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including the post/photo, becomes property of Sponsor.

Any damage made to Baby Ruth® Instagram page or any Sweepstakes related website will be the responsibility of the authorized e-mail/Instagram account holder of the e-mail /Instagram account associated with the damage in question. Any Entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor/Administrator. Sponsor/Administrator reserve the right, in their sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the entry process or the operation of the Sweepstakes, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Eligible Entrant submits more than the stated number of Entries permitted (i.e., more than one [1] entry), and/or if Sponsor suspects that an Eligible Entrant attempted to obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Eligible Entrant may be declared null and void. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.

10. NOTICE TO ELIGIBLE ENTRANTS : ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY SWEEPSTAKES-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

11. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy at ( https://www.ferreronorthamerica.com/privacy-policy-us ) By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

12. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THIRTEEN DOLLARS ($13.00). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (WITH THE SOLE EXCEPTION OF THE PRIZE, TO THE EXTENT APPLICABLE). SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED (IN WHOLE OR IN PART) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC/EPIDEMIC, WEATHER, OR TERRORISM. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

13. WINNERS’ LIST : You may request a winner’s list by mail by sending a self-addressed stamped envelope to The Baby Ruth® x Goonies® First Friends Sweepstakes c/o Golin/Harris International, Inc., 909 Third Avenue, 9th floor, New York, NY 10022. Requests must be received by December 30, 2020.

14. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM .

15. ADMINISTRATOR : Golin/Harris International, Inc., 909 Third Avenue, 9th floor, New York, NY 10022

© 2020 Ferrero U.S.A., Inc. All rights reserved.