By participating in the SNICKERS® “Send a SNICKERS® From Home” promotion (“Promotion”) and by accessing or using the website at sendasnickersfromhome.com (the “Site”), and any other related services or applications made available by Mars, Incorporated and its agents, assigns, subsidiaries, or affiliates (together, “Mars” or “Company” or ”we” or “us”) however accessed, you agree to be bound by these terms and conditions ("Terms and Conditions"). These Terms and Conditions, together with the Mars, Incorporated Privacy Statement located at www.Mars.com/privacy (collectively, these “Terms”) describe the terms and conditions on which Mars offers access to the Site.
You agree that by participating in this Promotion and sending someone a SNICKERS® via text message, you are the person responsible for causing a text message to be sent to that person.
Before accessing and using the Site, please read these Terms carefully because they constitute a legal agreement between Mars and you. BY USING THE SITE, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
New or updated operating rules, policies and procedures may be published from time to time on the Site by Mars, without notice to you. These Terms apply to all users of the Site, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Site, venues that access the Site, and users that have a page on the Site. The Site is owned or controlled by Mars. These Terms affect your legal rights and obligations.
- GENERAL TERMS
- You must be at least 16 years or older to use the Site;
- If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site, and your parent or legal guardian must read and agree to this Agreement prior to your using the Site;
- You will not collect users' content or information, or access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers);
- You will not create a false identity or impersonate any person;
- You represent that all of the information you provide to Mars is true and accurate. You are responsible for keeping your personal information secret and secure;
- You will not solicit other users’ information or attempt to access information belonging to someone else;
- You will not defame, bully, intimidate, harass, threaten or impersonate any user, and you will not display your or any other user’s confidential or private information using the Site;
- You will not do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack. You will not upload viruses or other malicious code;
- You will not put yourself or anyone else in danger while using the Site;
- You will not use the Site for any unlawful purpose or to facilitate any unlawful activity;
- You will not facilitate or encourage any violations of these Terms and Conditions.
- GENERAL CONDITIONS
- We reserve the right to refuse access to or use of the Site to anyone at any time for any reason in our sole discretion.
- We reserve the right to change these Terms and you agree that we may notify you of any such changes by posting them on the Site and that your use of the Site subsequent to the posting of such changes shall constitute your acceptance of such changes.
- We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time, and without any liability to you.
- You hereby agree that Mars may include any advertising and promotions on the Site in our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- MARS CONTENT
The Site contains Content specifically provided by Mars or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.
- THIRD-PARTY CONTENT
The Site may include links to third-party websites or content, and the Site may include third-party content that we do not control, maintain or endorse. You expressly acknowledge that Mars is not responsible or liable in any way for any third-party content on the Site, or for your interactions or dealings with any third parties you find through the Site.
- SOCIAL MEDIA INTEGRATION
We may collect or process various information that you provide to us, including personal contact details. Personal contact details include information such as telephone numbers and age as when you provide them to us during online registration. Company may contact you with marketing messages, including messages related to Mars and its affiliates and in any manner permitted by law, e.g., text and SMS messages via automated technology. You represent that you have received, and are authorized to convey to us, the prior express written consent to be contacted by us as described in this Section. You are not required to provide this consent to participate or purchase any products or services and your consent simply allows us to contact you via these means. Message frequency may vary per month. Message and data rates may apply. Text STOP to opt-out from future messages. The mobile carriers are not liable for delayed or undelivered messages. Any claims you may have under the Telephone Consumer Protection Act (“TCPA”) against us or any of the marketing partners will be subject to the mandatory arbitration provision below.
Please make sure that you carefully read our Privacy Statement (https://www.mars.com/privacy-policy
) to learn about the information that Mars collects on the Mars Sites and how we process it.
- SITE REGISTRATION
The Site requires simple registration and will ask you to provide information to participate. To participate in the Promotion, visit the Site and follow the on-screen instructions to provide the information requested and accept these Terms. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may be denied the ability to participate in the Promotion. When you provide information, you agree to provide only true, accurate, current and complete information. You further agree that you will not impersonate another party or persons in your communications with Company and that you will only submit information about yourself.
Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site.
Location-Based Services: By using the Site, you consent to Company’s collection of your device's approximate geographic location for the purpose of determining whether you are eligible to participate. These Terms serve as notice that the Site may collect your location information and may share that information with certain third parties, including, without limitation, the Site administrator and the Site developers. You may disable collection of your device's approximate geographic location via your device settings but doing so may negatively impact your ability to use the Site.
- PROGRAM PERIOD, MODIFICATIONS AND TERMINATION
The Program begins upon launch of the Site and may be terminated in accordance with the Terms set forth herein (“Program Period”). Company reserves the right to modify, change or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward. Note that you may need to consent to our Updated Terms in order to continue to use the Site and our services.
Company reserves the right to modify or terminate the Program and corresponding Site at any time and in any manner, in whole or in part, as outlined in these Terms. If for any reason Company determines in its sole discretion that the Site or any aspect of the Site is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Site) Company, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part at any time.
If any part of these Terms is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms will continue in full force and effect. Company’s failure to enforce strict performance of any part of these Terms does not waive any of its rights. Company may assign our rights and duties under these Terms to any party at any time.
- REDEEM FOR OFFER ITEMS
Mars: Redeem for Offer Items
SNICKERS® is distributing one million, free SNICKERS® bars through 1,000,000 e-giftcard, redeemable at Walmart® with the amount of $1 for one (1) 1.86oz. single SNICKERS bar, subject to limitations, no purchase necessary. Any questions, please email firstname.lastname@example.org. Recipient must be 16 years or older to participate. Promotion starts on April 15 [12:00:00 A.M. EST], 2020 and ends on August 31, 2020 [11:59:59 P.M. EST], or when 1,000,000 1.86oz. single SNICKERS bar have been offered. E-giftcards redeemable at Walmart either online or in-store only based on online and in-store availability. Message and data rates may apply. Recipient may receive up to three text messages. Consent to receive text messages is not a condition of purchase of any goods or services. Following promotion and once site has been brought down, gift card recipient is responsible for keeping track of gift card link sent via text message.
Reward Limit: TWO (2) rewards per working cell phone number.
- USERS OF THE SITE
The Site offers features and services that are available to you via your mobile device. The use of the mobile Site requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. Standard messaging, data and other fees may apply. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Standard data charges and rates may apply for accessing features or offers through the mobile Site. You are required to send and receive, at your cost, electronic communications related to the mobile version of the Site, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates, from Company, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Site. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Site, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Site.
The Site may not work with all devices or all mobile carriers. Company makes no representations that the Site will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Site, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
- MOBILE DATA AND MESSAGING CHARGES
When you participate in the Promotion via a mobile device and/or download or transmit data via your mobile device, data and messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Promotion. Check your mobile device’s capabilities for specific instructions.
- FOOD ALLERGY NOTICE
By entering the Promotion, each participant acknowledges and agrees that any food-related Prize(s) offered in the Promotion may contain milk, eggs, wheat, soybean, peanuts, and tree nuts. Participants agree that the entities participating in the Promotion (including, but not limited to, Mars and Walmart) will have no liability whatsoever to, and will be released and held harmless by, the participants for any and all food allergy-related complications that may result from exposure to food-related Prize(s) offered in this Promotion.
- WARRANTY DISCLAIMER
THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND MARS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT AS REQUIRED BY LAW.
MARS AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AGENCIES, CONTENT PROVIDERS AND THE SITE DEVELOPER DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT THE SITE WILL BE ERROR FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND CONTENT IS SOLELY AT YOUR OWN RISK.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER MARS NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND/OR CONTENT PROVIDERS NOR THE SITE DEVELOPER WILL BE LIABLE TO YOU UNDER TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), AS A RESULT OF YOUR USE OF THE SITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MARS'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY MARS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY MARS.
MARS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The limitations of liability and exclusion of damages in this section do not apply to New Jersey residents.
You shall defend, indemnify, and hold harmless Mars, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, the Content or otherwise from your violation of these Terms, or infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Mars). Mars reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Mars in asserting any available defenses.
- GOVERNING LAW
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state and are binding upon the parties hereto in the United States and worldwide. You and Mars agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
- DISPUTE RESOLUTION YOU AND MARS AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND MARS WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND MARS FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Mars and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this Section 10, “Mars Parties”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the U.S. State of New York administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Mars will provide such notice by mail or e-mail using the contact information on file with Mars and you must provide such notice by mail to Mars, Incorporated, Attn: Legal Department, 800 High Street, Hackettstown, NJ 07840. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, Mars will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Mars for all fees associated with the arbitration that Mars paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
Mars and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Mars nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Mars under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section.
LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against Mars and (2) exclude certain damages do not apply to New Jersey residents.
- MISCELLANEOUS PROVISIONS
- These Terms and Conditions, together with our Privacy Statement, contain the entire understanding by and between Mars and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
- These Terms (i) inure to the benefit of and will be binding upon Mars and you and your successors and assigns, respectively, and (ii) may be assigned by Mars but you may not assign them without the prior express written consent of Mars.
- If any provision of these Terms and Conditions is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If Mars fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in these Terms and Conditions will be deemed to constitute Mars or you as the agent or representative of the other or as joint venturers or partners.
- If Mars is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.