M&M’S® KATE SPADE NEW YORK® SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED. VOID WHERE PROHIBITED.
1. PROMOTION DESCRIPTION. The M&M’S® Kate Spade New York® Sweepstakes (the “Sweepstakes”) is an online entry only Sweepstakes that begins at 12:00:00 AM Eastern Time (“ET”) on October 30, 2024 and ends at 11:59:59 PM (ET) on November 18, 2024 (the “Promotion Period”).
2. ELIGIBILITY. Open to legal residents of the fifty (50) Unites States and District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Mars Wrigley Confectionery US, LLC (“Sponsor”), Kate Spade LLC, their respective parent companies, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, "Promotion Entities") and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.
3. HOW TO ENTER. During the Promotion Period, fans may enter by going online to MMS.com (“Website”) and following the instructions to complete the entry form as directed. Online entries must be completed by 11:59:59 PM (ET) on November 18, 2024. At conclusion of the Sweepstakes, a random drawing will be conducted to determine the prize winners, as more fully described below. By entering the Sweepstakes, entrants agree and consent to use of their user data for future marketing communications by the Sponsor.
Limit one (1) entry per person/email address during the Promotion Period. No automated entry devices, bots and/or other programs and/or software are permitted for entry. No mechanically reproduced, altered, forged, or facsimile entries will be accepted. All entries become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused 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 the entries in the Sweepstakes. Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Only fully completed entries are eligible.
Use of any automated system to participate is prohibited and will result in disqualification. All potential winning entries are subject to verification by Sponsor, whose decisions are final and binding. Any entry that occurs after the system has failed for any reason is deemed a defective entry and is void and will not be honored.
Sponsor is not responsible for any change of mailing address, email address and/or telephone number of entrants. In the event of a dispute over the identity of an online entrant in the Sweepstakes, participation will be deemed completed by the authorized account holder of the email address provided at the time of participation. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, wireless carrier, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the email address account associated with the winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
4. RANDOM DRAWING: Five (5) potential prize winners will be selected in a random drawing to be conducted on or about November 20, 2024 among all eligible entries received by Sponsor or its designee during the Promotion Period. The decisions of the Sponsor are final and binding.
5. PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS: Five (5) Grand Prizes are available. Each Grand Prize consists of one (1) M&M'S x kate spade new york Embellished Smooth Leather 3D Crossbody (winner’s choice of green, purple, brown or Embellished Patent PU 3D crossbody peanut); one (1) M&M'S x kate spade new york 3D Packet Key Fob in Yellow Multicolor; one (1) M&M'S x kate spade new york Statement Pendant in Orange Gold; one (1) M&M'S x kate spade new york Bracelet in Rainbow Multicolor; and one (1) custom pack of kate spade new York M&M’S® (ARV each prize w/solid color leather crossbody $848.99; ARV of prize w/peanut leather crossbody $768.99). Total maximum ARV of all prizes $4,244.95. Unclaimed prizes may not be awarded. Odds of winning depend on total number of eligible entries received. All applicable federal, state and local taxes on prize are the sole responsibility of the prize winner. Limit one (1) prize person/household. Grand Prize winners will receive an Internal Revenue Service Form 1099 for the actual retail value of the prize for the tax year in which the prize was awarded.
6. GENERAL: Potential Grand Prize winners will be required to sign and return a notarized Affidavit of Eligibility/Liability Release and, where permitted by law, Publicity Release within seven (7) days after first notification attempt. If prize notification or prize is returned as non-deliverable, prize may be forfeited and an alternate winner may be selected. No correspondence will be acknowledged. No cash equivalents, substitutions or transfer of prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value. By entering Sweepstakes, entrants agree to release and hold harmless, Mars Wrigley Confectionery US, LLC, Kate Spade LLC, their related companies, parent companies, subsidiaries, and affiliates, and the directors, officers, employees, assigns of each of the foregoing and the Promotion Entities (“Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Sweepstakes or receipt or use of any prize. Entrants and winners (i.e. entrants that accept a prize) release and agree to indemnify and hold the Released Parties harmless against any and all claims and liability out of acceptance, possession, use or misuses of the prize, or participation in this Sweepstakes. Released Parties will have no liability whatsoever for any injuries, losses or damages of any kind (including property damage, personal injuries or death) resulting from acceptance, possession, use and/or misuse of any prize or participation in the Sweepstakes or any prize-related activities. Acceptance of a prize shall be construed as and signify the winner’s agreement and consent that Sponsor may use the winner’s name, voice, likeness and/or prize information in any and all media now known or hereafter devised throughout the world, in perpetuity, without additional compensation or consideration, review, approval, notification or permission, unless prohibited by law. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Sweepstakes.
7. LIMITATIONS AND RELEASES: Any attempted form of entry into the Sweepstakes, other than the entry methods stated, is prohibited. Promotion Entities, their respective affiliates, partners and promotion and advertising agencies are not responsible for lost, late, mutilated or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture or entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an participant’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s phone, or other matter relating to or resulting from participating in this Sweepstakes or downloading any materials in the Sweepstakes. If for any reason the online entry portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes; and award the prizes from among all eligible non-suspect entries received from all methods combined up to the action taken by the Sponsor provided a sufficient number of eligible entries have been received. Caution: 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 laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law.
8. PRIVACY: Except as may be otherwise contemplated in these Official Rules, any personal information collected in connection with this Sweepstakes will be used in accordance with the Sponsor’s privacy policy found at mars.com/privacy.
9. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW JERSEY, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN WARREN COUNTY, NJ. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW JERSEY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN HACKETTSTOWN, NJ. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. POTENTIAL WINNERS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY POTENTIAL WINNER AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. WINNERS’ LIST: For names of winners, send a self-addressed, stamped envelope by January 30, 2025 to: M&M’S® Kate Spade New York® Sweepstakes, Attn: Winners’ List, 875 N Michigan Ave, Chicago IL 60610. Winners’ list to be available after November 30, 2024.
11. SPONSOR: Mars Wrigley Confectionery US, LLC, 110 Edison Place, Newark, NJ 07102.
© 2024 Mars or Affiliates.
©2024 Kate Spade LLC. All rights reserved. Kate Spade LLC is not a sponsor or co-sponsor of this promotion.