Gushers x Nigel Xavier Official Rules
Gushers x Nigel Xavier Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
1. Eligibility. Gushers x Nigel Xavier Sweepstakes (the “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. Employees of Sponsor, and any of their parent and affiliate companies as well as their immediate family (spouse, parents, siblings, and children), regardless of where they reside, and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing. The Sweepstakes begins on April 12, 2024, at 9:00 a.m. Central Daylight Savings Time (“CDT“) and ends on May 12, 2024, at 11:59 p.m. CDT (the “Promotion Period“). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible entrant may enter the Sweepstakes using the following methods:
- Purchase Entry: An eligible entrant may visit on or around April 12, 2024, to purchase one of the limited-edition boxes of Gushers. Once you have received your box, locate the code and go to the website gushers.com/nigelxavier to enter the Sweepstakes. Complete and submit the registration form, including, but not limited to the on-pack unique code, his/her first and complete last name (no initials), email address, and phone number. Upon completion and submission of the registration form, you will receive one (1) entry into the Sweepstakes.
- Enter without a purchase: To enter the Sweepstakes without a purchase, go to the website gushers.com/nigelxavier and complete and submit the registration form using the code NX739D3DPJ, his/her first and complete last name (no initials), email address, and phone number. Upon completion and submission of the registration form, you will receive one (1) entry into the Sweepstakes.
Entry Limit: Regardless of method of entry, there is a limit of one (1) entry per person during the entire Sweepstakes Promotion Period. If more than one (1) entry per day is received from the same person and/or e-mail address, only the first entry received may be considered valid.
IMPORTANT FOR ENTRANTS USING A MOBILE DEVICE TO PARTICIPATE IN THE SWEEPSTAKES: Message and data rates may apply. Not all mobile telephone providers carry the service necessary to participate in this Sweepstakes. Entrants should consult their wireless providers’ pricing plans.
Use of any automated system to participate is prohibited and will result in disqualification. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winner may be required to show proof of being an authorized account holder.
4. Potential Winner Selection. Sponsor will select One (1) potential prize winner (a “Potential Winner”) at random on or about May 13, 2024, from all eligible entries received. Potential Winner will be notified via the email address provided in the registration form. By entering, you grant permission to be contacted by Sponsor in connection with the Sweepstakes. You must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements set forth herein. A Potential Winner is not an official winner (“Official Winner”) until Potential Winner’s eligibility has been verified and Potential Winner has been notified that verification is complete. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If Sweepstakes Site fails for any reason, any entry during that time will be deemed a defective entry and is void and will not be honored.
5. Verification of Potential Winners. If a Potential Winner cannot be contacted, or prize is returned as undeliverable, or he/she refuses his/her prize for any reason, that Potential Winner forfeits the prize and Sponsor will select an alternate winner by random drawing from all remaining eligible entries.
6. Prizes. One (1) First Prize Winners will receive a one-of-kind jacked designed by Nigel Xavier. Approximate retail value (“ARV”) of the prize is $200.00.
Odds of winning are based on the number of eligible Entries received. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. The Official Winner is responsible for all (if any) federal, state, and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. No more than the stated number of prizes will be awarded.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures, human error or any other factor impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, and any promotional partners, each of their parent, subsidiary, affiliate, and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
11. Limitations of Liability: By entering this Sweepstakes, all entrants agree to comply with these Official Rules. Winner agrees that (except where prohibited) Sponsor may use winner’s name, picture, likeness and voice for advertising and promotional purposes without further compensation or notification to or permission from such winner or any other third party. By entering this Sweepstakes, entrants agree that Sponsor, their partners, and their promotional and advertising agencies, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support of the Sweepstakes, affiliates, subsidiaries, advertising and promotion agencies, and prize suppliers, and each of their respective officers, directors, employees, representatives and agents, as well as each of their respective successors, representatives and assigns (collectively, “Released Parties”) shall have no liability and shall be held harmless for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, use or misuse of the prize or participation in this Sweepstakes. Release Parties are not responsible for lost, late, garbled, delayed, destroyed, inaccurate, misdirected or stolen products, packages, entries or transmissions, or problems of any kind whether mechanical, human or electronic. 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 attorneys’ fees. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In such event, Sponsor may select Potential Winners in a random drawing from all eligible, non-suspect entries received up to the date of cancellation or suspension. Released Parties are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of entries which may damage a user’s computer or system or limit a entrant’s ability to participate in the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the prize if, in its sole discretion, it determines that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, or threaten any other entrants or Sponsor representatives. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION — ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) 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 attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.generalmills.com/en/Company/privacy-policies/privacy-policy-US).
14. Winner List: For a winner list, click here. The winner’s list will be posted after winner confirmation is complete.
Sponsor: General Mills Sales, Inc., One General Mills Blvd, Minneapolis, MN 55426.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering, you understand that you are providing your information to Sponsor and not to Facebook or Instagram.
Abbreviated Rules for Packaging and Social Posts
NO PURCHASE NECESSARY. MANY WILL ENTER, FEW WILL WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (AND D.C.), 18 YEARS AND OLDER. VOID WHERE PROHIBITED. 1 Prize available to be won. Enter between 4/12/24 at 9:00 am CT and 5/12/24 at 11:59 pm CT. Limit 1 entry per person. For an alternative method of entry, full details and Official Rules visit www.gushers.com/nigelxavier. Sponsor: General Mills Sales, Inc., One General Mills Blvd., Minneapolis, MN 55426.