2023 CAP’N’S 60th BIRTHDAY COLLECTION PROMOTION
(“PROMOTION”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION DESCRIPTION: The 2023 Cap’n’s 60th Birthday Collection Promotion (the “Promotion”) begins on January 14, 2023 and ends on May 17, 2023 at 11:59:59 p.m. Central Time (“CT”) (the “Promotion Period”).
The Promotion Period will be broken down as follows:
- “Mail In Request Period” beginning on January 14, 2023 and ending on May 8, 2023
- “Purchase Period” beginning on January 29, 2023 and ending on May 17, 2023
- “Game Play Period” beginning on January 29, 2023 at 12:00:01 a.m. CT and ending on May 17, 2023 at 11:59:59 p.m. CT.
Participation in the Promotion does not constitute participation in any other promotion, contest or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Quaker Oats Company, 433 W. Van Buren St., Chicago, Illinois 60607 (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: Open only to legal residents of the fifty (50) United States and District of Columbia (“D.C.”) who are eighteen (18) years of age or older (nineteen [19] or older if a resident of Alabama or Nebraska) on the date of entry. Void where prohibited by law. Employees, contractors, fellows, interns, research associates, volunteers, officers, directors and regents of The Quaker Oats Company (“Sponsor”), Promo Watch, LLC, an independent third-party Promotion administrator (“Administrator”), their respective parent, affiliate and subsidiary companies, distributors, Web masters/suppliers, advertising and promotional agencies (collectively, the “Promotion Entities”), and the immediate family members (spouse, parent, child, sibling, grandparent, grandchild, and/or “step” of each, regardless of where they reside) and those living in the same households (whether related or not) of any of the above are not eligible to enter or win a prize. The Promotion is subject to all applicable federal, state and local laws and regulations.
3. HOW IT WORKS:
- With Purchase. During the Purchase Period, purchase any Cap’n Crunch® branded Cereal, Treat Bars, or Pancake Mix and Syrup (“Participating Products”). Next, look on the package for the UPC code (“UPC Code”) printed near the barcode. Then, go to CapnCrunchBirthday.com (“Website”) and follow the online instructions to register for the Promotion and provide your contact information (including but not limited to your personal email address) and create a Promotion account (you will only have to register for the Promotion one (1) time), then select which prize you want to play for a chance to win, and input the UPC Code, as requested. If you receive a winning message upon submission of your UPC code during your online session at the Website, then you are a winner of the prize selected - subject to eligibility verification and compliance with these Official Rules. If you do not receive a winning message upon submission of your UPC code during your online session at the Website, you are not a prize winner in the Promotion. Potential winners will receive an email and/or phone call within approximately seventy-two (72) hours of completion of their winning entry using the contact information provided at the time of entry with instructions on how to claim their prize, including the completion of the winner’s documents as further described in rule 5, if necessary. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, such potential winner will forfeit his or her Prize in its entirety and, at Sponsor’s discretion and time permitting, may be placed back into the prize pool.
- By Mail Without Purchase. To request and obtain a UPC Code without making a purchase, during the Mail-In Request Period, send a 3 x 5 card with your full name, address, city, state, ZIP code, date of birth and email address to: 2023 Cap’n’s 60th Birthday Collection Promotion, Attn: Entry, Dept. #855270, P.O. Box 5153, Kalamazoo, MI 49003-5153. All requests must be postmarked no later than May 8, 2023; and received no later than May 13, 2023. Limit one (1) request per outer mailing envelope. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due requests or mail. Limit seven (7) requests per Week. A “Week” is defined as a 7-Day period that begins 1/14/23 and continues from Week to Week thereafter through 5/13/23. Following receipt of a properly submitted UPC Code request, one (1) UPC Code will be emailed to the email address provided. Once you receive the UPC Code via email, follow the instructions noted above to go to the Website and complete your game play. Limit one (1) free Code request per person/email address per day.
Limit one (1) game play per person and per Promotion account per day during the Game Play Period. For purposes of these Official Rules, a ‘day’ is defined as any consecutive twenty-four (24) hour period during the Promotion Period beginning at 12:00:01 a.m. CT and ending twenty-four (24) hours later at 11:59:59 p.m. CT.
One (1) computer generated winning day and time will be randomly generated throughout the Promotion Period for each of the “Prizes” (as defined below) available. If you are the first entrant to play the game at or after one of the randomly generated times for the Prize you’ve selected to play for a chance to win, you will be a potential winner of the prize indicated, subject to verification of eligibility and compliance with these Official Rules. To claim a prize, follow the instructions provided. If you receive a message that contains any message other than a winning prize message, you are not a prize winner.
In the event of a dispute as to any online entry, the Authorized Account Holder of the email address used to submit the entry will be deemed to be the participant. The “Authorized Account Holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address at the time of entry, provided that person meets all eligibility requirements set forth in these Official Rules. Participants may not participate with multiple e-mail addresses, nor may participants use any device or artifice to enter multiple times per day or as multiple participants. Any participant who attempts to participate with multiple e-mail addresses, under multiple identities or uses any other device or artifice to enter multiple times per day will be disqualified from participation in the Promotion.
If due to printing, production or other errors, more prizes are claimed than intended in accordance with Rule 4, the intended prize(s) will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING ENTRY AND/OR PRIZE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE WEBSITE SHOULD SO INDICATE, UNLESS AND UNTIL SAID ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND SAID ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED. The submission of a prize claim is solely the responsibility of the entrant.
4. PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS:
UNCLAIMED/UNREDEEMED PRIZES WILL NOT BE AWARDED
| Prize Description: | Total Available in Game Play Period: | ARV (each): |
|---|---|---|
| Pantone Matched Athletic Socks | 1,900 | $4.62 |
| Reversible Cotton Bucket Hat | 805 | $12.35 |
| Premium Glass Candle with Custom Scent* | 700 | $21.76 |
| Classic Pullover Sweatshirt* | 205 | $28.82 |
| Custom Classic Varsity Jacket* | 320 | $70.59 |
| Cash** | 80 | $50.00 |
| Custom G-SHOCK Watch (model GA700BWP-2a)* | 80 | $170.59 |
| Polaroid Go Instant Camera* | 80 | $140.59 |
| Beach Cruiser-style Bike with custom graphic wrap, colored grips and tires* | 15 | $270.59 |
| Cash** | 17 | $100.00 |
| Cash** | 8 | $500.00 |
The total ARV of all prizes to be awarded in this Promotion is $101,101.90.
*Merchandise prizes will be Cap’n Crunch® branded. **Cash prizes will be awarded in the form of a check or bank-issued eGift card, at the Sponsor’s discretion. The odds of winning a Prize depend on the total number of eligible game plays each for that particular prize, the number of prizes available at the time of entry, and the time and date upon which entry occurs. The number of prizes available will diminish as they are claimed throughout the Promotion Period. Sponsor disclaims any and all liability for continuing to advertise such prizes. If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, is unable to accept a prize, or Sponsor is unable to contact a potential winner within a reasonable period (as determined by Sponsor), or in the event that a prize confirmation or prize is returned undeliverable, the prize will be forfeited in its entirety and, at Sponsor’s discretion and time permitting, may be placed back into the prize pool.
Limit three (3) Prizes per person. Winner is solely responsible for paying all applicable federal, state, and local income taxes, if any, and all other unspecified expenses associated with the acceptance and/or use of prize. Prizes are not transferable or redeemable for cash and prize substitution (in whole or in part) will not be allowed, except at sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailable. Any prize pictured or mentioned in point-of-sale, online, television and print advertising, promotional packaging and other Promotion advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. Thus, actual prize may vary from the prize pictured.
5. GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential winners fully comply with these Official Rules. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any potential winner of a prize valued at $250 or more will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) as a condition of being awarded such prize within seven (7) calendar days after first notification attempt. If prize notification or prize is returned as non-deliverable, prize may be forfeited. No correspondence will be acknowledged. If any potential winner fails or refuses to sign and return all Prize Claim Documents within the stated time period (or such shorter time if exigencies so require), the winner may be disqualified.
6. DISCLAIMER: Promotion Entities are not responsible for human, printing, distribution or production errors of any kind in connection with the Promotion. Promotion Entities are not responsible or liable for: (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (c) inaccessibility or unavailability of any network or wireless service, the Internet or Website or any combination thereof; (d) suspended or discontinued Internet or wireless service; (e) typographical, human or other errors in the programming, offer or administration of this Promotion, including but not limited to errors in advertising, in the Official Rules, in the determination and announcement of prizes/winners and/or in the distribution of any prize or prize message; (f) any injury or damage to entrants or to any person's computer or mobile device which may be related to or result from any attempt to participate in the Promotion; or (g) cheating or fraud by any participant or other individual.
If, in the Sponsor’s/Administrator’s opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Sponsor/Administrator reserves the right to disqualify suspect entries or modify the Promotion in a manner deemed appropriate by the Sponsor/Administrator, at the Sponsor’s/Administrator’s sole discretion. In such event, winners will be determined in a random drawing from eligible, non-suspect registered participants prior to the date/time of such determination, or as otherwise deemed fair and equitable by the Sponsor/Administrator. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the operation of the Promotion.
7. GENERAL: Acceptance of a prize constitutes winner’s permission for Sponsor and its designees to use winner’s name, city and state of residence, photograph, recorded, taped or filmed image or other likeness for purposes of advertising and publicity in all media worldwide, without limitation and without additional notice, approval or compensation, unless prohibited by law. By accepting a prize, each winner agrees to release and hold harmless the Promotion Entities from and against any and all liability for any claim, injury, loss, or damage of any kind (including, without limitation, those related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) arising from or in connection with participation in the Promotion, or the awarding, receipt, possession, use or misuse of any prize (if applicable) and/or with respect to participation in any prize-related activity. Subject to all federal, state and local laws/regulations.
8. DISPUTES/GENERAL CONDITIONS: By participating, participants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Cook County, Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will participant be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or notifications, or made by Sponsor, Administrator or their respective representatives, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor may modify and amend these Official Rules for clarification purposes only, provided the material terms and conditions of these Official Rules are not affected by such modifications/amendments. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. PRIVACY: Any personally identifiable information collected in connection with a participant’s participation in this Promotion will be used by Sponsor, its affiliates, agents and marketers only for purposes of the proper administration and fulfillment of the Promotion, as described in these Official Rules, and in any manner consistent with Sponsor’s Privacy Policy, available at https://www.quakeroats.com/privacy-policy. Any communication between participant and Sponsor or its agencies regarding this Promotion (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly-available winners’ list.
10. WINNERS’ LIST: For a list of winners, send a self-addressed, stamped envelope to: 2023 Cap’n’s 60th Birthday Collection, Attn: Winners List, Dept #855270, P.O. Box 5153, Kalamazoo, MI 49003-5153. Requests must be received by July 31, 2023.
SPONSOR: The Promotion is sponsored solely by The Quaker Oats Company, 433 W. Van Buren St., Chicago, Illinois 60607.
All trademarks used herein are the property of their respective owners.