HelloFresh x Miitopia Official Rules

2. Eligibility: The Promotion is open only to legal residents of the 48 contiguous United States,who are at least the age of majority in the state/jurisdiction in which they reside as of the date of entry. Employees of Grocery Delivery E-Services USA Inc. d/b/a HelloFresh (the “Sponsor”), their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including Don Jagoda Associates, Inc.(“Administrator”) and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void in Alaska & Hawaii and wherever else restricted or prohibited by law. All federal, state and local laws and regulations apply.
3. HOW TO ENTER THE PROMOTION: There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Promotion. A purchase or payment of any kind does not increase your chances of winning. You may enter the Promotion by visiting http://lp.hellofresh.com/Nintendo (“Website”) and completing the on-screen registration form to receive one (1) entry into the random drawing for the Entry Period you are entering in (based on the dates listed in Section 1 above). Limit one (1) entry per person per day during the Promotion Period.
All entries must be received by 11:59 p.m. of the last date of the applicable Entry Period specified in Section 1 to be entered into that specific Entry Period random drawing only. All entries must be received by 11:59 p.m. ET on June 30, 2021 in order to be eligible for the final random drawing. Entries will not be carried over to subsequent Entry Periods (if any). Any attempt by any entrant to enter by using multiple/different email addresses, mailing addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified in Sponsor’s sole discretion. Use of any automated or computer system to participate online is prohibited and will result in disqualification. Normal Internet/phone access and data/usage charges imposed by your online/phone service may apply.
4. Privacy: By participating in the Promotion, entrants hereby agree to Sponsor's collection and usage of their personal information in accordance with Sponsor's privacy policy and acknowledge that they have read and accepted Sponsor's privacy policy located at https://www.hellofresh.com/about/privacy.
5. Random Drawings/Winner Notification: Separate random drawings will be conducted for each Entry Period on or about July 1, 2021, from among all eligible entries received within each Entry Period [five (5) winners for Entry Period 1 and ten (10) winners each for Entry Periods 2 & 3; twenty-five (25) winners total] by Administrator whose decisions are final on all matters relating to the Promotion. Odds of winning are dependent upon the total number of eligible entries received during each Entry Period. Except where prohibited by law, prize winners expressly consent, by receipt of prize to Sponsor’s use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade without compensation, notice or approval; and, prize winners disclaim any ownership rights of such advertising/publicity/trade material. Winners will receive their prizes within 4-6 weeks after winner selection via mail and the digital portion via email at the address(es) provided during registration. Return of any prize as undeliverable may result in disqualification and alternate winner selection from among all remaining eligible entries received for that Entry Period.
6. Prizes and Approximate Retail Value (“ARV”): Grand Prize (25): A Nintendo Switch Prize Pack consisting of a Nintendo Switch system and one (1) download code for a digital version of the Miitopia game. The ARV of each Grand Prize is $350. No transfer, assignment, or substitution for any prize or prize component will be permitted, except at the sole discretion of the Sponsor. In Sponsor’s sole discretion, due to prize unavailability or for any other reason, Sponsor may award an alternate prize (or portion of prize) of equal value and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. The ARV of the prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded. If the actual purchase price of the prize is less than the ARV stated herein, winner will NOT be entitled to a check, cash or other form of payment for the price difference. All federal, state, and local taxes are solely the responsibility of the winners, if applicable.
7. General rules: By participating in the Promotion, each entrant unconditionally agrees to be bound by these Official Rules and the decisions of the Sponsor, which decisions are final and binding. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entries become the property of the Sponsor. In the event of a dispute as to any entry, the authorized account holder of the email account used to register will be deemed to be the entrant. Winner may be required to show proof of being the authorized account holder of the email account associated with the entry. Proof of entering information via the Website does not constitute proof of delivery or receipt of such information. 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 Promotion or Website; 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 Promotion or Website 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 Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of the Sponsor that, in Sponsor’s determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion or Website, then the Sponsor reserves the right at its sole discretion to cancel the Promotion and select the winners from among all eligible entries received per Entry Period prior to cancellation. By entering the Promotion, each entrant represents and warrants that he or she has read these Official Rules and is fully familiar with its contents.

8. Disclaimer, Release and Limitation of Liability. Sponsor makes no warranties, express or implied, with respect to the prizes, expressly disclaims any express or implied warranty with respect to the prizes and does not assume any liability for any personal injury, illness, death or property damage or any loss that may be sustained by a winner, entrant or any other person in connection with the Promotion. By entering the Promotion, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless Sponsor, Administrator, Nintendo of America Inc., each of their respective parent companies, subsidiaries and affiliates, the agents of each of the foregoing, all other companies involved in the development, operation or marketing of the Promotion or the provision of the prizes or any component of the prizes, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (all of the foregoing, collectively, the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Promotion, participation in the Promotion and/or the acceptance, receipt or use of prize or any component thereof, including without limitation any and all claims, causes of action and liabilities relating to any personal injury, illness, death or property damage or loss sustained by any entrant or any other person. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Promotion, the use of any Promotion-related website, or the provision, acceptance or use of any prize. The Released Parties are not responsible for, and will have not have any liability in connection with, (a) any typographical, printing, production, distribution or other error in the administration of the Promotion or in the announcement of the prizes or winners, (b) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Promotion, (c) any “act of God” or other force majeure event, including, without limitation, any event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay or prevent the provision of any prize, (d) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail, or (e) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Promotion. In no event will more than the stated number of prizes be awarded.

9. Governing Law; Limitation of Remedies: The Promotion and the Official Rules, and all questions and disputes relating thereto, shall be exclusively 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be instituted only in a federal or state court located in the County of New York in the State of New York. Each entrant submits to exclusive personal jurisdiction in such courts, waiving any right to trial by jury, and agrees not to commence, maintain or participate in any legal proceeding arising out of or relating in any way to this Promotion or these Official Rules in any other forum. Each entrant agrees that: (a) to the fullest extent permitted by applicable law, any and all disputes, claims and causes of action arising out of, or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney’s fees or costs, and entrant irrevocably waives any right to seek injunctive or equitable relief; and (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than for actual out-of-pocket expenses.
10. Winners: To receive a Winners List by email, send an email to: winners@dja.com with Fresh Adventures Sweepstakes (01-2773-01) as the subject line. Requests must be received by July 30, 2021. Winners List will be sent after prizes have been awarded.
11. Sponsor/Administrator: The Sponsor of the Promotion is Grocery Delivery E-Services USA Inc. d/b/a HelloFresh, 28 Liberty Street, New York, NY 10005. The Administrator of the Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
This Promotion and Official Rules shall not be published without the written permission of the Sponsor.