Pillsbury Operation Homefront Support
TERMS AND CONDITIONS
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. Eligibility: Pillsbury Operation Homefront Support (the “Program”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States (including D.C.), and eighteen (18) years old or older at the date of participation. Employees, officers and directors of General Mills Marketing, Inc. (“Sponsor”), and its parent and affiliate companies, advertising and promotion agencies and distributors and other suppliers (collectively, “Program Entities”) as well as the immediate family (i.e., spouse, parents, siblings children and grandchildren) and/or those living in the same household members of each such employee, officer and director (whether legally related or not) are not eligible to participate in the Program. Void where prohibited by law.
2. Timing: Program begins on April 1, 2022, at 12:00 a.m. Eastern Time (“ET”), ends on August 31, 2022 at 11:59 p.m. ET (the “Program Period”).
Sponsor’s computer is the official time-keeping device for the Program.
3. How to Participate:
Make a Qualifying Purchase at a Participating Location: During the Program Period, purchase the qualifying Pillsbury Salute to Service Shape Cookie Dough product at your local participating retail location. See Appendix A for the complete list of qualifying products. Then, during the Program Period, visit www.pillsbury.com/mission (“Website”), complete and submit the registration form by providing a valid email address and providing the code on the back of the specially marked package. Once your inputs are validated, Pillsbury will donate $0.10 to Operation Homefront. Donations will help support military families transitioning out of the military.
Maximum total donation from Sponsor in conjunction with this Program is up to $150,000. No portion of the purchase is tax deductible.
Limit: Limit of five (5) codes may be entered per person/household during the Program Period.
4. Sponsor: General Mills Marketing, Inc., One General Mills Blvd., Minneapolis, MN 55426.
Charitable Organization: Operation Homefront, 1355 Central Parkway South, Suite 100, San Antonio, TX 78232 (the “Charitable Organization”).
5. Release: By participating in the Program, participant agrees to indemnify, defend and hold harmless the Program Entities, Charitable Organization and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies, subsidiaries and affiliates, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”), from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of, in whole or in part, directly or indirectly, from participation or attempting to participate in the Program. Released Parties will have no liability whatsoever for any injuries, losses or damages of any kind resulting from acceptance, possession, use and/or misuse of participation in the Program. By participating in this Program, participants agree to be bound by these Program Terms and Conditions.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Terms and Conditions; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service. Any person who supplies false information, uploads receipts/enters Codes by fraudulent means or is otherwise determined to be in violation of these Terms and Conditions will forfeit his/her/their opportunity to participate in the Program and may be prosecuted to the full extent of the law. Any attempt by any person to deliberately undermine the legitimate operation of the Program 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, including criminal prosecution. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
7. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, including errors or typos in these Terms and Conditions or any Program-related communication or materials, whether caused by a Released Party or participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) unauthorized human intervention in any part of the registration or code entry process or the Program; (4) technical or human error which may occur in the administration of the Program or the processing of codes; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program.
8. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Program or the Program Terms and Conditions, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with Sponsor arising out of, connected to, or in any way related to the Program, the Program Terms and Conditions or the Released Parties actions or omissions, you will send a written notice to Sponsor (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Program Terms and Conditions. You must send the Demand to the following address (the “Notice Address”): General Mills Legal Department, One General Mills Blvd., M04-A, Minneapolis, MN 55426. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, and Sponsor to litigate claims in court and you, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Program Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Sponsor agrees that Sponsor will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms and Conditions, or the rights and obligations of the participant, and Sponsor in connection with the Program, or any claim or dispute that has arisen or may arise between you, and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be Hennepin County, Minnesota. This arbitration provision shall survive conclusion, modification or termination of the Program and suspension, revocation, closure, modification, or amendments to the Program Terms and Conditions, and any aspect of the relationship of the parties relating to or arising from participation in the Program.
10. Changes to Terms: Our Program Terms and Conditions may be modified and/or we may cease offering the Program at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.
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