Magnolia Bakery Promotion – Get the Billionaire Banana Pudding – Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR: Magnolia Operating, LLC (“Sponsor” or “Magnolia”) is the official sponsor of the Magnolia in-store promotion, Get the Billionaire Banana Pudding featuring MONOPOLY (the “Promotion”). Magnolia is located at 244 West 54th Street, Suite 501, New York, NY 10019.
2. ELIGIBILITY: The Promotion is open to residents (“Eligible Entrants”) of the States of California, Illinois, Massachusetts, and New York, and the District of Columbia (the “Territory”), except for persons who are officers, directors, employees, or independent contractors of the Sponsor, its subsidiaries, affiliates, franchisees, or any entities retained by Sponsor for the administration of the Promotion, and their immediate family members (defined as spouses, IRS dependents, or biological, adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who reside in the same household as, any of the foregoing persons. The Promotion is void outside of the Territory and void where prohibited by law. The Promotion is subject to all applicable federal, state, and local laws, rules, and regulations.
3. PROMOTION PERIOD: The Promotion begins at 12:00:01 a.m. on March 1, 2020 Eastern Daylight Savings Time (EDT) and ends at 11:59:59 p.m. EDT on March 31, 2020 or sooner if all Game Cards (as defined below) are distributed before March 31, 2020 (the “Promotion Period”). As the Promotion progresses, a participating Magnolia store may run out of Game Cards before March 31, 2020; if that occurs, then, for that Magnolia store, the Promotion is over. The Sponsor’s computer is the official timekeeping device for this Promotion.
4. HOW TO ENTER: There are two (2) ways to enter the Promotion: by Qualifying Transaction (as defined below) and without purchase.
(A) To Enter by Qualifying Transaction: To participate in this Promotion, purchase a medium or large size Billionaire Banana Pudding at any participating Magnolia store during the Promotion Period (such purchase, a “Qualifying Transaction”). For each Qualifying Transaction, you will receive one (1) MONOPOLY scratch-off card (“Game Card”). Game Cards will only be awarded at the time of the Qualifying Transaction in which they were earned. There is no limit to the number of Qualifying Transactions which may be made by Eligible Entrants.
(B) To Enter Without Purchase: To enter without purchase, while supplies last, Eligible Entrants must request a Game Card from the cashier at a participating Magnolia store during the Promotion Period. There is no limit to the number of Game Cards which may be requested by Eligible Entrants.
Making a Qualifying Transaction will not help you win. The chances of winning a prize without making a purchase are the same as the chances of winning by making a Qualifying Transaction.
5. PRIZES: Winning Game Cards will state that the holder is a “WINNER” and will list the prize that the holder has won. Only original Game Cards with the Sponsor’s unique design will be accepted. Game Cards will be rejected and judged void if: (i) obtained by a person who is not an Eligible Entrant, (ii) not legitimately obtained at a Magnolia store and verified by an authorized Magnolia employee, or (iii) if any part of any Game Card is illegible, altered, mutilated, defaced, tampered with, forged, contains printing, seeding, mechanical, or other errors, or is irregular in any way. An entrant’s sole remedy for an irregular Game Card will be limited to replacement with another randomly selected Game Card while supplies last. Any attempt to defraud or forge any Game Card in any way will be prosecuted to the fullest extent of the law. No more than the number of advertised prizes in the Official Rules in any prize category will be awarded.
Prizes can be redeemed at participating Magnolia stores on or before May 1, 2020. Simply present your winning Game Card at the register of a participating Magnolia store to redeem your prize.
The following prizes are offered:1
|Prize||Quantity Available||Odds with 1 Game Card||Approximate Retail Value of Prize||Total Approximate Retail Value|
|Small banana pudding||75||1:266||$4.95||$371.25|
|Large cup of coffee||50||1:400||$3.75||$187.50|
|One classic or specialty cupcake||50||1:400||$3.95||$197.50|
|Large banana pudding||10||1:2000||$3.75||$37.50|
There are six different prizes with retail values ranging from $3.75 to $23.70 and an average retail value of $10.63. The total approximate retail value is $1,111.75.
1Note: please confirm that you are comfortable with the odds/price comparisons for each prize.
Odds of winning prizes are based on getting the Game Card containing the “WINNER” message.
6. CONTEST DELAY OR EXTENSION: The Sponsor may delay the Promotion commencement date and thereafter extend the Promotion Period, if such commencement is delayed by a cause that is beyond the reasonable control of the Sponsor.
7. PARTICIPATING STORES: This Promotion is being conducted in 10 participating Magnolia stores in the Territory.
8. GAME CARDS DISTRIBUTED: A total of 20,000 Game Cards will be distributed in participating Magnolia stores via Qualifying Transactions and/or the alternate entry method.
9. GENERAL TERMS AND CONDITIONS: By participating in this Promotion, all entrants agree to abide by and be bound by these Official Rules, and agree that the decisions of the Sponsor will be valid, binding, and non-appealable in all respects. Prizes are non-assignable and non-transferrable. There will be no prize substitutions or cash redemptions of any prize or any portion thereof, except that Sponsor reserves the right, in its sole discretion, to substitute any prize or portion thereof of equal or greater value if any prize or portion thereof is unavailable for any reason or to issue to the prize winner a store credit in the amount of the stated approximate retail value of the prize. Except as expressly contemplated by these Official Rules, unclaimed prizes will not be awarded. All winning Game Cards submitted for verification become the property of the Sponsor and will not be returned. The prize winner shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. Any person or entity (other than Sponsor) or product depicted on the Game Cards or other promotional materials are not sponsors and are not affiliated with this Promotion in any way. Each entrant agrees that the Sponsor and any participating companies involved in this Promotion are not responsible for: (A) any miscommunications, printing errors, clerical, typographical, or other errors in Game Cards or other materials used in connection with the Promotion, including printed copy or artwork or any advertisement or announcement; (B) errors or failures of any kind, whether human, mechanical, clerical, electronic, digital, or technical in nature; (C) unauthorized human intervention in any part of the entry process or the Promotion; or (D) any losses, damages, or injury of any kind, to persons or property, that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize, including but not limited to those related to defamation, portrayal in a false light or privacy rights.
It is the entrant’s responsibility to ensure compliance in all respects with these Official Rules. The Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry processes or the operation of the Promotion, acts in violation of these Official Rules, or acts with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
The Sponsor reserves the right, without prior notice and at any time, to terminate the Promotion, in whole or in part, or modify or suspend the Promotion, or any portion thereof, in any way, if it determines, in its sole discretion, that the Promotion is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Promotion. In the event that Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or 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 other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Promotion. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing, production, or human errors, or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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 Official 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. 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 these Official Rules, these Official Rules shall prevail, govern and control.
Hasbro is not a sponsor of this promotion. The MONOPOLY name and logo, the MR. MONOPOLY name and character, as well as each of the distinctive elements of the Game Cards are trademarks of Hasbro for its property trading game and game equipment. ©1935, 2020 Hasbro. All rights reserved.
10. GOVERNING LAW; AGREEMENT TO ARBITRATE: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between the entrant and the Sponsor and any participating companies in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the State of New York including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of, relating to, or connected in any way with this Promotion, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of court or class action, and exclusively by final binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable rules and procedures established by AAA; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held at a location determined by AAA pursuant to the rules and procedures of the AAA (provided such location is reasonably convenient for the entrant), or at such other location as may be mutually agreed by the entrant and Sponsor; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the entrant may have entered into in connection with the Sponsor; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis as the entrant and Sponsor each hereby waive the right to assert claims in any class or representative action, and the arbitration will decide only the entrant’s and/or Sponsor’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) to the extent permitted by law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event will include attorneys’ fees; (viii) under no circumstances will an entrant or Eligible Entrant be permitted to obtain awards for, and each entrant or Eligible Entrant hereby waives, all rights to claim, indirect, 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; and (ix) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Questions? Contact Magnolia by email at email@example.com or by mail at 244 West 54th Street, Suite 501, New York, NY 10019.