Official Sweepstakes Rules
Uglies Upcycling Sweepstakes – Official Rules (the “Official Rules” or “Rules”)

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. SWEEPSTAKES OPEN TO ELIGIBLE LEGAL RESIDENTS OFTHE 48 CONTINENTAL UNITED STATES. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.

1. SPONSOR. Dieffenbach’s Potato Chips, Inc., 51 Host Road, Womelsdorf, PA 19567 (the “Sponsor”).
2. ELIGIBILITY. Uglies Upcycling Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 48 Continental United States who are at least 18 years old at the time of entry. VOID OUTSIDE THE UNITED STATES, IN HAWAII, ALASKA, AS WELL AS IN PUERTO RICO, U.S. VIRGIN ISLANDS, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED. Employees of Sponsor (defined below) and its parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. A person meeting the eligibility requirements and submitting an Entry (as defined below) is an Entrant. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
3. SWEEPSTAKES PERIOD. The Sweepstakes begins on or about 12:00 AM on Saturday, June 1, 2024 and ends at 11:59 PM on Friday, June 21 (“Sweepstakes Period”). Sponsor (or its authorized representative’s) computers/server will be the official time keeping device for all matters related to the Sweepstakes. All time referenced is Eastern Time.
4. HOW TO ENTER. Entries must be submitted via Sponsor’s Instagram account page only, at https://www.instagram.com/ugliessnacks/. You can enter the Sweepstakes by following @UgliesSnacks on Instagram (“Entry Site”), and then commenting on the Uglies Snacks “Upcycling Sweepstakes” Instagram post, dated June 1st, 2024 (“Entry”).Entrants are not required to: (a) purchase goods or services, (b) pay any money, or (c) submit to a sales promotion, to be eligible for the Sweepstakes. Once the Entry is completed and submitted as directed by the online instructions, this will constitute your sole Entry into the Sweepstakes. Each Instagram account may only submit one (1) Entry and, once an Entry is posted to the Entry Site, Sponsor may remove/delete and disqualify any and all future Entries posted to the Entry Site, as Sponsor deems appropriate in its sole discretion.

   By entering the Sweepstakes, the Entrant represents and warrants that the Entrant is the owner or licensee of their Entry including any and all materials and information, including photos, videos, and personal information, submitted by the applicant, and automatically grants, and represents and warrants that the Entrant has the right to grant, to Sponsor an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transfer, distribute any such materials for any purpose and in any format, prepare derivative works, incorporate into other works, and/or grant and authorize sublicenses of the foregoing. Entries must not, in the sole and unfettered discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Entries must not infringe any intellectual property rights of third parties. The Entrant represents and warrants that all persons and entities connected with the materials and information submitted in connection with the Entry, and all other persons and entities whose names, voices, photographs, likenesses, works, services or materials have been used in such materials/information or its/their exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the materials and information and the rights granted herein. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different accounts, identities, registrations or logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any automated system, devices, bots and/or other programs or software to participate is prohibited and will result in disqualification. Entries must be submitted by the Entrant. Previous winners within are not eligible to win additional prizes.

5. WINNING. Sponsor will randomly select three (3) winners from all eligible Entries that are received through the Entry Site during the Sweepstakes Period (each a “Winner”). As selection of Winners will be at random, it will be made without regard to mental or physical disability, race, color, religion, gender, national origin, age, genetic information, military or veteran status, sexual orientation, marital status, or any other protected federal, state, or local status.
6. PRIZES AND NOTIFICATION. Each Winner will receive the following prize : twelve (12) Uglies Kettle Chips 30ct variety cases of 1oz bags, with one variety case delivered at the beginning of each month for a year (July 2024 through June 2025) (the “Prize”). The approximate retail value (or “ARV”) of the Prize will vary based on the contents of the Prize, but will generally range from $192 to $240. Sponsor reserves the right to substitute other prizes of equal or greater value, as Sponsor deems appropriate in its sole discretion. The specific variety case and products within each variety case shall be chosen at Sponsor’s discretion. No cash alternative will be offered for any portion of the Prize. Entrant’s opportunity to receive any portion of the Prize is not transferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Entrant.Odds of winning depend on whether the Entrant’s Entry is (a) eligible and (b) the number of eligible Entries submitted during the Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the stated number of Prizes – which is three (3) total for this Sweepstakes – and shall receive no more than one (1) single Prize.

   Sponsor will use computer-generated random numbers to select the corresponding Winners from the chronological list of comments made on the June 1 post within seven (7) days of the expiration of the Sweepstakes Period. The Winners will be announced on or before June 28 on the Entry Site. Sponsor’s post on the Entry Site announcing the Winners shall constitute notice to the Winners. Within seven (7) days of the Sponsor’s post announcing the Winners, the Winner (owner of the Instagram account that submitted the winning Entry) must contact Sponsor with a direct message to @UgliesSnacks and provide a mailing address where Sponsor can: (i) send the Prize; and/or (ii) send formal instructions for claiming the Prize that Sponsor designates for your winning Entry. If a potential Winner cannot be contacted within five (5) days of the first attempt to contact them, the next randomly selected Entrant will be the potential Winner. A Prize that is unclaimed, unredeemed, or returned as undeliverable will not be awarded. Sponsor shall not be held responsible for any delays in awarding a Prize for any reason. Winners may also be required to present proof of identification prior to claiming the Prize and complete an affidavit of eligibility and Liability/Publicity Release (collectively, the “Affidavit/Release”). If a selected Winner fails to sign and return the Affidavit/Release within the time period Sponsor designates, then they may be disqualified and, if Sponsor deems necessary in its sole discretion, an alternate Entrant may be selected by Sponsor as a winner in their place. To avoid confusion, the registered owner of the Instagram account associated with a winning Entry will be deemed the Winner for purposes of this Sweepstakes.

   Sponsor is not responsible for Entrants providing incorrect or otherwise non-functioning contact information or for Entrants failing to receive notices due to spam, junk e-mail, or other security settings.

7. GENERAL RULES. By participating in the Sweepstakes, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Sweepstakes. All federal, state and local laws and regulations apply. Sponsor will report the value of Prize as required by law. All materials submitted become the property of the Sponsor and will not be acknowledged or returned. Return of any Prize/Prize notification as undeliverable will result in disqualification and an alternate Winner may be selected. In case of unavailability of any Prize, Sponsor, in its sole discretion, reserves the right to substitute Prize of equal or greater value. Sponsor is not responsible for the quality or utility of any Prize or any portion of any Prize. Sponsor makes no warranty with respect to any portion of the Prize. By accepting the Prize, Winner consents to the use of their name, photograph or likeness for publicity, marketing, promotional or advertising purposes without further compensation or permission, except where prohibited by law. By participating, Entrants agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, directors, officers, employees, partners, and agents, and Instagram (collectively, the “Released Parties”) from any and all liability with respect to or in any way arising from or in connection with this Sweepstakes and/or acceptance or use of the Prize, including liability for personal injury, bodily injury, death, damages and/or loss. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any Prize. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of either (excepting compliance with applicable codes and regulations) or other event outside the reasonable control of the Released Parties will not be considered a breach of these Official Rules. The Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any Prizes or in the administration of the Sweepstakes. The Sweepstakes is conducted by Sponsor and is in no way endorsed, administered by, or associated with any third parties or third-party products. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any contest-related materials, Sponsor’s Instagram feed, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
8. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of the Entry Site or any other website, computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic, clerical or human error which may occur in the administration of the Sweepstakes or the transmission, receipt or processing of entries or notification of winners; or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes. Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel or suspend this Sweepstakes if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsor corrupt the administration, security, or proper play, of the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at the Entry Site, and the determination of the applicable winner will be made, if practicable and reasonably commercially feasible, from among all eligible, non-suspect Entries received during the Sweepstakes Period as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole and absolute discretion. Under no circumstances, including negligence, shall the Released Parties be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the web site, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. WITHOUT LIMITING THE FOREGOING, THE PRIZE AND ALL MATERIALS PROVIDED BY SPONSOR ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, 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; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Any attempt by an Entrant or other individual to deliberately damage any web site or page or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entrants engaging in any of the foregoing activities may be disqualified and will forfeit any Prize won.
9. RESOLUTION OF DISPUTES. Entrants agree that: (l) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under American Arbitration Association rules and procedures. The arbitration shall be held in Pennsylvania , before a single arbitrator. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing; however, each side shall bear its own expenses for depositions, witness, expert, and attorneys’ fees, and other expenses to the same extent as if the matter were being heard in court. Except as set forth below, neither side shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute. Both sides may submit disputes to a court of law for enforcement of the arbitrator’s award. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time. 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. Under no circumstances will any Entrant be permitted to obtain awards for, and entrants hereby waive, 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.
10. PRIVACY/USE OF PERSONAL INFORMATION. Entrants and other participants in this Sweepstakes acknowledge and agree that any information collected in connection with this Sweepstakes may be used by Sponsor for market research and will not be shared with other organizations for commercial or other purposes. Once received, all Entries and any optional submissions of comments or suggestions will become property of Sponsor, and none will be returned.
11. SWEEPSTAKES RESULTS. To obtain the names of the winners of this Sweepstakes, send a self-addressed, stamped envelope to Dieffenbach’s Potato Chips, Inc., 51 Host Road, Womelsdorf, PA 19567. Requests must be received by July 13, 2024.