Carnation Breakfast Essentials® Wish List Giveaway

Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. BY PLAYING, EACH PARTICIPANT AGREES TO THESE OFFICIAL RULES.

Sponsor: NESTLÉ HealthCare Nutrition, 1007 US Highway 202/206 0- JR2, Bridgewater, NJ 08807.

Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.

  1. Eligibility. The Nestlé® Health Science Carnation Breakfast Essentials Wish List Sweepstakes (the "Sweepstakes") is open only to legal residents of the 50 United States and District of Columbia, who are eighteen (18) years or older at the time of entry (or 19 or older for residents of AL and NE) who are a teacher for grades pre-school through 12th grade at a public or private school located within the 50 United States or District of Columbia. No purchase necessary to enter the Sweepstakes. Employees of Nestlé Health, Brandmovers, Inc. and/or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes (collectively with Sponsor, the "Sweepstakes Entities") and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  2. Giveaway Periods. The giveaway begins at 12:00:00 AM Eastern Time ("ET") on July 16, 2024, and ends at 11:59:59 PM ET on August 31, 2024 (the "Giveaway Period"). The Administrator’s clock is the official timekeeper for this Giveaway. The Giveaway Period consists of eight (8) weekly entry pools, which will occur as follows (each, a “Weekly Pool”):
    Weekly Pools & Prize Chart
    Starts at 12:00:00 AM ET on: Ends at 11:59:59 PM ET on: “Random Drawing” on or about: # of Winners and Prize*:
    7/16/24 7/19/24 7/22/24 15 Prize Winners
    7/20/24 7/26/24 7/29/24 15 Prize Winners
    7/19/24 7/25/24 7/26/24 12 Prize Winners
    7/27/24 8/2/24 8/5/24 15 Prize Winners
    8/3/24 8/9/24 8/12/24 15 Prize Winners
    8/10/24 8/16/24 8/19/24 15 Prize Winners
    8/17/24 8/23/24 8/26/24 15 Prize Winners
    8/24/24 8/31/24 9/6/24 10 Prize Winners
    Entries into one Weekly Pool WILL carry forward into future Weekly Pools.
  3. How to Enter. To enter, visit www.essentialswishlist.com during the Sweepstakes Period to find, complete and submit the online official entry form which includes providing your first and last name, email address, grade taught, school name and sharing a link to your Amazon or Walmart Classroom Wishlist. Limit one (1) entry per person per person for the length of the promotion. All entries must be submitted by 11:59:59 PM ET on the end date listed in the Weekly Pools & Prize Chart above to be included in that applicable week’s random drawing, or by 11:59:59 PM ET on August 31, 2024, for the final Weekly Pool. Entries may hereafter be referred to as an “Entry” or “Entries”.

    Use of any automated system to participate is prohibited and may result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, such Entry will be deemed submitted by the authorized account holder of the Twitter handle or Facebook profile. "Authorized account holder" is defined as the natural person who is assigned to a email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted Entry. No automatically generated entries will be accepted.
  4. Privacy Policies and Data Collections. Information provided by entrant for this Sweepstakes is subject to Sponsor’s privacy policy: https://www.carnationbreakfastessentials.com/privacy-policy By entering this Sweepstakes, each entrant agrees that the Sponsor and/or Administrator has the right to contact the entrant by phone direct message, or email accounts provided by entrant to administer and/or fulfill this Sweepstakes.
  5. Winners Selection. There will be a total of one-hundred prize winners (each referred to individually as a “Winner” and collectively as the “Winners”) in this Sweepstakes, as specifically set forth in the Weekly Pools & Prize Chart above. The Winners will be randomly selected by Sponsor or Administrator from among all eligible entries received during each Weekly Pool on or about the Random Drawing date set forth in the Weekly Pools & Prize Chart above. The Winners will be contacted by Sponsor or Administrator via email or telephone on or about the day they are selected as a potential Winner (collectively, the “Winner Notification”). Sponsor's decisions as to the administration and operation of the Sweepstakes and the selection of potential Winners are final and binding in all matters related to the Sweepstakes. Odds of winning depend on the number of eligible entries received in each Weekly Pool. Limit one (1) Winner per person/household during the entire Sweepstakes Period. Failure of a potential Winner to respond to the Winner Notification message within twenty-four (24) hours of notification for any reason will result in disqualification and an alternate Winner may be selected, time permitting, at Sponsor’s sole discretion. Sponsor is not responsible for any technical issues or a potential Winner’s failure to receive or respond to any Winner Notification message due to any technical or other issue.
  6. Verification of Prize Winners. Except where prohibited, a potential Winner may be required to sign and return an Affidavit of Eligibility, Liability and/or Publicity Release ("Release") which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to claim a prize, if required. If a potential Winner of any prize cannot be contacted, fails to sign and return the Release or provide any other requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential Winner forfeits his/her prize. Within a reasonable time after Sponsor’s receipt of the Winner’s Release or other required message response, which must contain prize Winner’s street address located within the 50 U.S. states or D.C, Sponsor will mail the applicable prize to the Winner. Sponsor is not responsible for lost, late, delayed, mutilated, damaged, wrong address, or stolen prize sent to the address as provided by each prize Winner.
  7. Prizes and Approximate Retail Values (ARVs): One-hundred Prizes - $250.00 worth of items from Winners Wish List as set forth in their entry. ARV: $250.00 each. ARV of ALL Prizes: $25,000.00 USD.
  8. Prize Restrictions and Limitations. All prizes will be awarded provided they are validly claimed by September 30, 2024, after which no alternate potential Winners will be selected, nor unclaimed prizes awarded. No more than the stated number of prizes will be awarded. Prizes cannot be used in conjunction with any other promotion or offer. Prizes are subject to availability, non-transferable, non-negotiable, non-refundable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any prize or prize component for one of equal or greater value for any reason. All taxes (including, without limitation, state and federal income taxes) and the reporting consequences thereof associated with the use and acceptance of any prize are solely the responsibility of each Winner. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Allow 6-8 weeks for delivery of prizes.
  9. Entry Conditions and Release. By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entry, creation of an Entry or submission of an Entry, participation in the Sweepstakes, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liabilities (including, without limitation, reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize.
  10. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  11. Limitations of Liability. The Sweepstakes Entities as set forth above, including Facebook and Twitter, are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Entry in the Sweepstakes, provided that if it is not possible to award another Entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover prize at its sole discretion.
  12. Disputes/Governing Law. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of Winners or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in the State of New Jersey under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired New Jersey state or federal court judge with experience in entertainment matters who shall follow New Jersey law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in the state of New Jersey, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of the state of New Jersey. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in the state of New Jersey; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out- of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
  13. Publicity. Winners List/Official Rules: For the list of Winner’s names (available after September 15, 2024), send a hand-printed, self-addressed, stamped envelope to: Winners List, Nestle Carnation Breakfast Essentials Sweepstakes Winners, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318. Residents of Vermont residents omit postage. For a copy of the Official Rules, see the Website.