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Nutella® Cafe Exclusive Pre-Opening Sweepstakes 2018

OFFICIAL RULES

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

1. SWEEPSTAKES PERIOD/ HOW TO ENTER: Nutella® Cafe Exclusive Pre-Opening Sweepstakes 2018 (the “Sweepstakes”) begins at 12:00:00 a.m. Eastern Time (“ET”) on 10/18/18 and ends at 11:59:59 p.m. ET on 10/30/18 (“Sweepstakes Period”). The computer of Administrator (as defined below) is the official clock for the Sweepstakes.

During the Sweepstakes Period, those who are eligible (each an “Entrant”) may visit www.nutellacafenyc.com and follow the on-screen directions to complete and submit the online entry form, which requires Entrant’s first and last name, street address, city, state, zip code, telephone number where entrant may be reached on/about October 31, 2018 if selected as a potential prize winner (see below) and e-mail address. Limit one (1) entry per person per household per day during the Sweepstakes Period. A day is understood to start at 12:00:00 AM (ET) and end at 11:59:59 PM (ET).

Proof of submission of an entry will not be deemed proof of receipt by Sponsor or proof of entry. Additional Sweepstakes entries received from the same household on the same day after the first Sweepstakes entry received from that household on that day will be void. But, should a person engage in repeated or egregious violations of the entry limit, he/she will be disqualified from the Sweepstakes altogether, with all of his/her entries being void. Receipt of entries may be acknowledged and, if so, any such acknowledgment does not constitute any representation as to eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor or Administrator. Entrants can enter via desktop computer or mobile device; data charges may apply if entering via mobile device. Wireless internet access is not available in all areas or on all mobile devices.

2. ELIGIBILITY: The Sweepstakes is open only to legal United States residents who are 18 years of age or older at the time of entry and whose legal residence is within 75 miles of the borough of Manhattan of New York, NY, as determined solely by Sponsor. (Generally, this includes the other [4] boroughs of New York, NY; Nassau, Rockland, Suffolk and Westchester counties in New York State; counties in northern and central New Jersey; counties in southern Connecticut). Employees of Ferrero U.S.A., Inc. (“Sponsor”), its parent, affiliates, and subsidiaries, its promotion, advertising and internet agencies, including Berlin Productions (“Administrator”), and prize suppliers (collectively, the “Released Parties”), and each member of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, are not eligible to enter or win. Void outside of eligible area of residence (as defined above) and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.

3. RANDOM DRAWING/ ODDS OF WINNING: At the conclusion of the Sweepstakes Period, twenty-five (25) potential winners will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period.

Random drawing will be conducted on or about the business day following the end of the Sweepstakes Period by Administrator, an independent administrator whose decisions are final on all matters related thereto.

Odds of winning a Sweepstakes prize depend on the number of eligible entries received.

4. WINNER NOTIFICATION: Potential winners will be contacted by Administrator via telephone and/or e-mail at Administrator’s sole discretion and will be required to confirm prize acceptance within 48 hours of initial attempted contact and must attest to compliance with these Official Rules. If such confirmation as specified in initial contact is not received within the specified time period, prize notification is delayed or returned as undeliverable for any reason, Sponsor/Administrator is unable to contact potential winner (including prize notification e-mail being categorized as “junk” or “SPAM” or telephone call not being received by potential winner) or potential winner is not in compliance with these Official Rules, the prize will be forfeited.

5. PRIZES:
Twenty-five (25) Prizes are available. Each Prize consists of an invitation for winner and one (1) guest to attend the Exclusive Pre-Opening of the Nutella Cafe (the “Event”) in New York City on Saturday, November 10, 2018 from 10:00 a.m. to 12:00p.m. (ET), which includes a (i) VIP access to the Event, (ii) two food items and one beverage for each winner and his/her guest, and (iii) Nutella Cafe N.Y.C. Mug. Approximate Retail Value (ARV): $90 each Prize. Total Prize Pool ARV $2,250.

The Exclusive Pre-Opening of the Nutella Cafe will take place on November 10, 2018 from 10:00 a.m. to 12:00p.m. (ET). If Prize winner is unavailable at such date/time for any reason, Prize will be forfeited, and, time permitting, an alternate winner may be selected.

ADDITIONAL PRIZE RESTRICTIONS: Limit of one (1) prize per person and per household. Invitation is subject to terms and conditions of use as stated thereon or in related document or correspondence, which may include a prohibition on recording one’s attendance at the Event. Invitation is valid only for the original recipient of same/prize winner and any attempted re-sale or transfer of invitation to another party voids same. No prize transfer or cash redemption allowed. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Except with Sponsor’s written consent (which may be granted or withheld by Sponsor without liability of any kind), prize must be accepted as awarded. Any stated difference between the approximate retail value and actual value of prize or any substituted prize components will not be awarded. If winner chooses to accept the prize without a guest for any reason, the prize will be awarded in increments appropriate for a single person (including only one [1] admission to the Event) and winner will not receive any substitute or replacement prize in conjunction therewith. Winner is solely responsible for any costs and expenses in connection with the Prize not expressly described herein as being awarded; e.g., travel expenses incurred in attending the Event and hotel accommodations in New York, NY if preferred by winner. The prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Sponsor and its agencies expressly disclaim any and all liability for any deviation of actual prize component from any depiction of same in Sweepstakes advertising.

If winner’s guest is a minor, guest must be at least ten (10) years old and winner must be his/her parent/legal guardian.

Prize winner and guest must follow instructions at the Event and behave in a respectful and appropriate manner at all times. If winner or his/her guest fail to do so (at Sponsor's sole discretion), then Sponsor may terminate the Prize, ejecting winner and/or guest from the Event, without liability of any kind and/or take other actions so as to protect its legal rights.

6. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering, each Entrant agrees (1) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, voice, city and state of residence, and photographs and/or likeness 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, or any third parties, except where prohibited by law (and to confirm such grant of rights in writing, upon Sponsor’s request); (2) to release the Released Parties (and their respective employees, directors, officers and agents) from all liability and to indemnify, defend and hold harmless the Released Parties from and against any claim, action, liability, loss, injury or damage to Entrant or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (a) the acceptance, possession, use or misuse of a prize; (b) participation in or administration of this Sweepstakes; (c) the exploitation of any of the rights granted herein; and (d) any element of this Sweepstakes; (3) to assume all liability for any injury or damage related to (2) (a)-(d); (4) to be bound by the Official Rules and the Administrator’s decisions which are final; (5) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (6) that all causes of action relating to this Sweepstakes will be resolved individually without resort to any form of class action; (7) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred (if any), excluding attorneys' fees; and (8) that New York 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, regardless of conflict of law/choice of law provisions of New York or any other jurisdiction

Released Parties are not responsible for (1) lost, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, software, hardware, network, technical, human, mechanical, electronic, seeding or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of Sweepstakes entries, or prize claims, the announcement of the prizes or in any Sweepstakes-related materials, or for any damage to Entrant’s or other person’s hardware or software (or mobile device) as a result of participation; (2) failed, incomplete, undeliverable, garbled, delayed, late, lost, misdirected, stolen, or any combination thereof, entries, prize notifications or prize claims; (3) damage to Entrant’s or any person's computer, mobile device or the contents thereof; (4) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or (5) any inability of any winner to accept a prize. Persons found tampering with or abusing any aspect of this Sweepstakes or whose conduct potentially compromised the Sweepstakes or who are in violation of these Official Rules as solely determined by the Administrator will be disqualified and all associated Sweepstakes entries will be void. Each entry must be manually keystroked and manually entered by the Entrant and repetitive, automated electronic submission of Sweepstakes entries is specifically disallowed. Use of automated entry software or programs is prohibited and entry through any such means is void.

In no event will Sponsor be obligated to award more than the stated number of prizes. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs or compromises the administration, security, integrity or fairness of the Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Sweepstakes is cancelled or terminated, notice will be posted online at www.nutellacafenyc.com and Sponsor reserves the right, at its discretion, to award the prizes from among all eligible non-suspect entries received up to time of such action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entry information becomes property of Sponsor.

In the event a dispute arises regarding the specific individual entitled to receive a Prize, an entry will be deemed made by the “authorized e-mail account holder” of the e-mail address submitted on the online entry form, as long as such person is otherwise eligible in accordance with these Official Rules. “Authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrant may be requested to provide Sponsor/Administrator with proof that the Entrant is the authorized e-mail account holder of the e-mail address in question. Any damage made to any Sweepstakes-related website by an Entrant will be the responsibility of the authorized e-mail account holder of the e-mail address submitted on the online entry form that is associated with the damage in question. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are 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 to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. If an Entrant submits more than the stated number of entries permitted, and/or if Sponsor and/or Administrator suspects that an Entrant attempted to obtain additional entries by using multiple email addresses, user IDs, registrations, identities or any other method, all entries submitted by the Entrant will be declared null and void.

NOTICE TO 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 AS WELL AS DISQUALIFYING SUCH INDIVIDUAL FROM THE SWEEPSTAKES (IF APPLICABLE).

7. 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, YOUR ACCESS TO AND USE OF WWW.NUTELLACAFENYC.COM, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES, INCLUDING WWW.NUTELLACAFENYC.COM. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM SPONSOR, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy at www.nutellacafenyc.com. By participating in the Sweepstakes, Entrants (or parent/legal guardian if Entrant is a minor in his/her state of residence) hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

9. REQUEST FOR WINNERS’ NAMES: For the names of the winners (available after November 21,2018), send a self-addressed stamped (#10) envelope to: Nutella Cafe Exclusive Pre-Opening Sweepstakes, c/o Berlin Productions 199 Main Street Suite 1011 White Plains N.Y. 10601. Winners’ names will be sent after prizes have been awarded. Requests received after November 26, 2018 will not be honored.

10. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, 4th Floor, Parsippany, NJ 07054.

11. ADMINISTRATOR: Berlin Productions 199 Main Street Suite 1011 White Plains N.Y. 10601. Please direct any questions, comments or complaints regarding the Sweepstakes to the Administrator.