The Mamalovesfood A+ Eats Twitter Party Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF
OPEN ONLY TO LEGAL U.S. RESIDENTS, RESIDING IN THE 50 UNITED STATES
AND DISTRICT OF COLUMBIA, WHO ARE 18 OR OLDER AS OF DATE OF ENTRY.
INTERNET ACCESS AND TWITTER ACCOUNT ARE REQUIRED.
THE POTENTIAL WINNERS WILL BE NOTIFIED BY A PUBLIC @ MENTION ON
TWITTER AND ARE REQUIRED TO RESPOND TO INITIAL PRIZE NOTIFICATION
FROM THE HOST VIA A TWITTER REPLY WITHIN FIVE (5) MINUTES. EACH
WINNER MAY ALSO BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE
DOCUMENTS AND RETURN THEM WITHIN SEVEN (7) DAYS FROM DATE OF
ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT
LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR,
THE ADMINISTRATOR, THE HOSTS (DEFINED BELOW), KROGER AND TWITTER
FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS
CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH
BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Mamalovesfood A+ Eats Twitter Party Sweepstakes (the “Sweepstakes”) is sponsored by
ConAgra Foods, Inc. (“Sponsor”) and hosted by Mirum Shopper (the “Administrator”) as well as
April @MommyNamedApril of http://www.mamalovesfood.com, http://sprinklesomefun.com/
1. Sweepstakes Period: The Sweepstakes begins at 8:00 p.m. Eastern Standard Time
(“EST”) on Thursday, October 27, 2016 and ends at 9:30 p.m. EST on Thursday, October
27, 2016 (the “Sweepstakes Period”). The Administrator’s clock will be the official
timekeeping device for the Sweepstakes.
2. Eligibility: Open only to legal residents of any one (1) 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.
If an entrant is eligible in his or her state of residence to enter as a minor, his or her parent
or legal guardian agrees to these Official Rules along with and on behalf of the minor
child. All rights and responsibilities of the minor under the Official Rules are conferred
and assumed respectively by the minor’s parent or legal guardian in representation of the
minor. Employees, officers and directors of Sponsor, Administrator, Hosts, their
respective affiliates, parents, subsidiaries, divisions, and advertising, promotional and
judging agencies, and each of their respective immediate family members (spouses,
parents, children, and siblings and each of their spouses) and/or those living in the same
household of each are not eligible to participate or win. All federal, state and local taxes
are the sole responsibility of winner. Void where prohibited by law. Subject to all federal,
state and local laws.
3. How To Enter: To enter, each entrant (“Entrant”) must become a @MommyNamedApril
follower on Twitter (if not one already) and accept @MommyNamedApril tweets and
direct messages. During the Sweepstakes Period, @MommyNamedApril will tweet about
after school snacks and activities. To participate, an Entrant must join the conversation by
tweeting and including the hashtag #KrogerAPlusEats (the “Tweet” or “entry”) to receive
one (1) entry into the Sweepstakes. The limit on the entire Entry submission is 140
characters, including the hashtag. If Entrant is a first time visitor to Twitter, Entrant will
be prompted to complete the on-screen registration form which is free. Registration is a
one-time requirement. If Entrant is a returning visitor, Entrant will be prompted to log-in
using Entrant’s e-mail address.
There is no Entry limit per Entrant during the Sweepstakes Period. Any Entry or
portion thereof that is, in the Sponsor’s sole discretion, inconsistent with Sponsor’s image,
offensive, obscene, profane, lewd, defamatory, contains any proper names, third party
materials, or otherwise violates or infringes (or may infringe) any copyright, trademark,
logo, mark that identifies a brand (other than ConAgra food products) or other proprietary
right of any person living or deceased (including but not limited to rights of privacy or
publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be
accepted as an Entry and may disqualify the Entrant from further participation in the
All Entries must be completed and submitted by 9:30 p.m. EST on Thursday, October 27,
2016. Normal Internet access and usage charges imposed by Entrants’ online service
provider will apply
4. Entry Requirements: In order to be entered into the Sweepstakes, Entrants must comply
with registration instructions when submitting their Entry. Entry must be in English.
Automated, script, macro or robotic Entries submitted by individuals or organizations
will be disqualified.
All Entrants must have a valid email address. All Entries become the sole and exclusive
property of the Sponsor and receipt of entries will not be acknowledged or returned.
Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid,
unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which
will be disqualified, or for problems of any kind whether mechanical, human or
electronic. Only fully completed Entries forms are eligible. Proof of submission of Entry
will not be deemed to be proof of receipt by Sponsor.
5. Sweepstakes Random Drawing/Odds and Winner Notification: Five (5) Winners will
be selected at various times throughout the Sweepstakes Period from among all Entries
received during the Sweepstakes Period. The odds of winning a Sweepstakes Prize
depends on the number of eligible Entries received. The random drawing will be
conducted by the Hosts, whose decisions are final on all matters relating to the
Sweepstakes. Winners will be notified via a public @ mention on Twitter and will be
required to respond to the initial prize notification within five (5) minutes by replying on
Twitter to the Host or the prize will be forfeited. Unclaimed prizes may go unawarded.
6. Prizes and Approximate Retail Values (“ARVs”): Grand Prize (5): One (1) $40 Gift
Card To Kroger Supermarkets (ARV $40)
Total ARV of all prizes offered is $200. Gift card subject to restrictions and expiration
dates may apply. All prize components are subject to availability. Limit one (1) Prize
per person. No substitution or transfer of prize permitted except at the sole discretion of
the Sponsor who reserves the right to substitute a prize of equal or greater value in the
event the prize (or portion of prize) is unavailable. Please allow 6-8 weeks for prizes to be
7. Release: Prize Winners and all Entrants, as a condition of entry into the Sweepstakes,
agree to release Sponsor, Administrator, Hosts, and each of their respective agencies,
parents, subsidiaries, affiliated companies and each of their respective officers, directors,
shareholders, members, employees, agents, assigns, and all others associated with the
development and execution of this Sweepstakes (collectively the “Released Parties”)
from and against any and all liability, claims or actions of any kind whatsoever for any
bodily injury, loss or damages of any kind to persons, including death, and property, due
in whole or in part, directly or indirectly, from Entry creation, the acceptance, possession,
use or misuse of any prize, if applicable or participation in the Sweepstakes or
participation in any Sweepstakes or related activity, or the receipt, ownership or use of
prize awarded or any typographical or other error in these Official Rules or the
announcement or offering of any prize. Acceptance of prize constitutes permission for the
Released Parties to use winner’s name and likeness for promotional purposes (including
any possible public relations opportunities) without further compensation except where
prohibited by law. By participating in the Sweepstakes, entrants agree to be bound by the
Official Rules and the decisions of the judges, which are final and binding in all respects.
You hereby represent and warrant that you have read these Official Rules and are fully
familiar with its contents. Entries generated by script or bot are not eligible. As a
condition of entering the Sweepstakes, Entrant agrees that: 1) under no circumstance will
Entrant be permitted to obtain awards for, and participant hereby waives all rights to
claim, punitive, incidental, consequential or any other damages, other than for
out-of-pocket expenses; 2) all 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; and 3) any and all claims, judgments, and award shall be limited to
actual out-of-pocket costs incurred, but in no event attorneys’ fees.
8. DISPUTES, ARBITRATION: THE SWEEPSTAKES IS GOVERNED BY, AND
WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE
STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW
PRINCIPLES. THE REMEDY FOR ANY CLAIM BROUGHT BY AN ENTRANT
IN THIS SWEEPSTAKES SHALL BE LIMITED TO ACTUAL
OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10 US),
AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES,
INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF
BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK
INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
Except where prohibited by law, any and all disputes, claims, and causes of action
between an Entrant and any Released Party arising out of or connected with this
Sweepstakes or any Prize awarded, or the determination of a Prize Winner, must be
resolved individually, without resort to any form of class action or class-wide arbitration.
Except for disputes where a Released Party is seeking a preliminary injunction, any and
all disputes and claims relating to this Sweepstakes must be resolved by submission to
individual arbitration under the Commercial Arbitration Rules of the American
Arbitration Association and, by entering the Sweepstakes, all Entrants expressly waive
the right to trial by jury. The arbitration must be conducted in Los Angeles County,
California, in the English language, and before three arbitrators appointed in accordance
with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the
costs of the arbitration, and Entrant will be responsible for his or her own attorney’s fees.
Judgment on the award rendered by the arbitrators may be entered in any court having
jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will
not have authority to award punitive, exemplary, consequential or incidental damages.
Any dispute, claims, and arbitration proceedings must at all times be kept confidential,
except to the extent necessary to enforce or collect the arbitration award or except as the
parties agree in writing. Each Entrant agrees that any action at law or in equity relating to
the arbitration provision of these Official Rules must be filed only in the state or federal
courts located in Los Angeles County, California, and hereby consents and submits to the
personal jurisdiction of such courts for the purposes of litigating any such action.
9. Additional Terms: Limitations: Proof of sending or submission will not be deemed to
be proof of receipt by Sponsor. Any attempted form of entry other than as set forth in
Section 3 above is prohibited; no automatic, programmed; robotic or similar means of
entry are permitted. Use of any automatic means to enter the Sweepstakes is prohibited.
Any attempt by any Entrants to obtain more than the stated number of entries by using
multiple/different email addresses, Twitter accounts, identities, registrations and logins,
or any other methods will void such entries and that Entrant may be disqualified. Normal
Internet access and usage charges imposed by Entrants’ online service may apply. If
Entrant makes or receives “Tweets” on Entrant’s mobile phone, standard data usage or
messaging rates will apply. In order to participate in the Sweepstakes without receiving
“Tweets” on Entrant’s mobile phone, Entrants must deactivate Entrant’s mobile phone
from Entrant’s Twitter account. In the event of a dispute as to any Entrants, the authorized
account holder of the email address used to register with Twitter will be deemed to be the
Entrants. Potential winner may be required to show proof of being the authorized account
holder of the email address/Twitter account associated with the entry. Proof of entering
information via the entry site does not constitute proof of delivery or receipt of such
information. Sponsor and/or its agencies are not responsible for the failure of any Tweet
to be received by Sponsor including without limitation, whether or not on account of
technical problems or congestion on the Internet or at the entry site. The Sponsor reserves
the right at its sole discretion to disqualify any individual that tampers or attempts to
tamper with the entry process or the operation of the Sweepstakes; violates the Official
Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person. Any attempt by any person to deliberately undermine
the legitimate operation of the Sweepstakes may be 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. If, for any
reason, 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, including but not limited to, a change
integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its
sole discretion to cancel the Sweepstakes. In such case, Sponsor will select the winners
from all eligible entries received prior to and/or after (if appropriate) the action taken by
Sponsor. Sponsor, its affiliates, partners and promotion and advertising agencies are not
responsible for technical, hardware, software, telephone or other communications
malfunctions, errors or failures of any kind, lost or unavailable network connections, web
site, Internet, or ISP availability, unauthorized human intervention, traffic congestion,
incomplete or inaccurate capture of entry information (regardless of cause) or failed,
incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s
ability to enter the Sweepstakes, including any injury or damage to participant’s or any
other person’s computer relating to or resulting from participating in this Sweepstakes or
downloading any materials in this Sweepstakes. Sponsor reserves the right, at its sole
discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with
the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit
an entrant from participating in the Sweepstakes or winning a prize if, in its sole
discretion, it determines that said entrant is attempting to undermine the legitimate
operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing
practices (including the use of automated quick entry programs) or intending to annoy,
abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE
ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES MAY BE 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.
10. Use of Data: Sponsor will be collecting personal data about entrants online, in
http://www.conagrafoods.com/privacy-policy. By participating in the Sweepstakes,
entrants hereby agree to Sponsor’s collection and usage of their personal information and
11. Winners List: For the names of the Prize winners, available after 11/7/16, send a
stamped, self-addressed envelope by 2/7/17, to: The Mamalovesfood A+ Eats Twitter
Party Sweepstakes Winners List, 2920 S Sepulveda Blvd Los Angeles, CA 90064.
12. Sponsor/Administrator: The Sponsor of the Sweepstakes is ConAgra Foods, Inc., One
ConAgra Drive, Omaha, NE 68102. The Administrator of the Sweepstakes is Mirum
Shopper, 2920 S Sepulveda Blvd Los Angeles, CA 90064.
Entrants specifically release Sponsor, Administrator, Hosts, Kroger and Twitter from any and
all liability associated with this Sweepstakes and/or acceptance, use or misuse of the Prize.
Twitter is not a sponsor of this Sweepstakes and is not involved in any way other than as the
medium through which this Sweepstakes is conducted.