AVAILABLE ON A FIRST-COME, FIRST-SERVED BASIS WHILE SUPPLIES LAST. QUANTITIES ARE LIMITED. OFFER WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES.
Sponsor: Nestlé USA, Inc., 1812 N. Moore Street, Arlington, VA 22209 (“Sponsor”).
Offer Period: The CARNATION® Milk “Mac It Better” Kits Offer ("Offer") will take place in three (3) phases. Phase 1 will take place on June 25, 2024, beginning at 1:00:00 pm Eastern Time “ET” and will end when all available “Mac It Better” Kits (each a “Reward”, collectively “Rewards”) have been claimed (“Phase 1”). Phase 2 will take place on July 9, 2024, beginning at 1:00:00 pm ET and end when all available Rewards have been claimed (“Phase 2”). Phase 3 will take place on July 14, 2024, beginning at 1:00:00 pm ET and end when all available Rewards have been claimed (“Phase 3”). Phase 1, Phase 2, and Phase 3 will comprise the “Offer Period”.
During the Offer Period, limited quantities of Rewards (as described below) will be made available for free on a first-come, first-served basis, while supplies last.
Eligibility: Offer is available only to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older and who meet all the requirements in these Terms & Conditions (each a "Participant"). Employees of, any of its respective parents, affiliates, subsidiaries, advertising agencies, and any other company or individual involved with the design, production execution or distribution of the Offer (collectively with Sponsor, the "Promotion Entities"), as well as the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. The Offer is subject to all applicable federal, state, and local laws and regulations. Participation constitutes each Participant's full and unconditional agreement to these Terms and Conditions (“Terms”) and Sponsor's decisions, which are final and binding in all matters related to the Offer. The Offer is void where restricted or prohibited by law.
How To Participate: Participants must visit carnationmilk.com/MacandCheeseDay (“Website”) during one of the Phases. If Rewards are available, then Participant can follow the on-screen instructions to attempt to claim a Reward by providing their name, address (no P.O. Boxes), and email address. Proof of submission on the Website is not considered proof of delivery to or receipt by Sponsor of such submission. No group or organization requests will be honored. Submissions made by any other individual or any entity, and/or originating at any other website, including but not limited to commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. The use of any device to automate the submission process is prohibited. If participating from a wireless device, participant must agree to accept all applicable charges associated therewith. Message and data rates may apply. Participation via a wireless device is designed to work with most of the U.S. major wireless carriers, but Sponsor makes no guarantee that any wireless service provider will participate, and the wireless device that is used must be capable of completing the submission at the Website.
Limit one (1) Reward per household for the entire Offer Period. Any attempt by a Participant to exceed this limit by using multiple or different emails, identities, registrations, or any other methods may result in disqualification, and any existing Reward claim may be voided. All Reward claims are subject to verification and compliance with these Terms. If multiple claims are received from the same address or email address, then only the first claim will be valid.
Rewards: Fifty-eight (58) Rewards will be available in Phase 1; Fifty-eight (58) Rewards will be available in Phase 2; and Fifty-nine (59) Rewards will be available in Phase 3. A total of one hundred seventy-five (175) Rewards will be available during the Offer Period. Rewards are available on a first-come, first-served basis while supplies last. Each Reward includes: one (1) can of limited-edition CARNATION Jalapeño Flavored Evaporated Milk, one (1) can of original CARNATION Evaporated Milk, a mac and cheese recipe card, and one (1) twenty-five-dollar ($25) gift card. The approximate retail value (“ARV”) of each Reward is $35. Reward notification to be sent via email to the email address provided during the submission process. Rewards will be delivered to the mailing address provided by Reward recipient approximately 2-4 weeks after 7/14. All Rewards are provided "as is" without a 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 and fitness for a particular purpose. Gift cards are subject to the terms and conditions of the issuer. Participants are responsible for all federal, state, and local taxes, as well as all costs and expenses associated with prize acceptance and use not specified herein as being provided. Rewards are non-refundable and non-transferable, except at sole discretion of Sponsor. Participants acknowledge that once a Reward has shipped, Sponsor has no control over delivery or delivery time, and any loss or theft of a Reward once delivered will be the responsibility of the Participant, and no replacement will be supplied.
General Conditions: Promotion Entities reserve the right, in their sole discretion, to cancel, modify, extend, or suspend the Offer at any time for any reason. In the event of any such disruption, the Sponsor will post a notice. Participation constitutes the Participant's understanding of and full and unconditional agreement to these Terms. If there is a dispute over the identity of a Participant, the authorized account holder of the email account will be deemed the Participant. The "Authorized Account Holder" is defined as the natural person in whose name the email account was opened if such person is otherwise eligible in accordance with these Terms. If a dispute regarding the identity of a Participant cannot be resolved to the satisfaction of the Promotion Entities, the affected claim will be deemed ineligible.
Publicity Grant: Each Participant agrees to allow use of their name, user name, likeness, city and state of residence, and/or biographical information for promotional purposes (including posting on Sponsor’s website), in any and all media, now or hereafter known, worldwide in perpetuity, without additional compensation or notification to, or permission from, entrant, except where prohibited.
Indemnity: Participants shall indemnify, defend and hold harmless the Promotion Entities and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (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 participation in the Promotion or receipt or use or misuse of any merchandise of gift card provided.
Privacy: Information provided by Participants will only be used as provided in these Terms and will be treated in a manner consistent with the Sponsor’s Privacy Policy: http://privacy.nestleusa.com/.
Governing Law and Venue: Any dispute arising from these Terms and the Offer will be governed by and construed and enforced in accordance with the laws of Delaware except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States.
Limitation of Liability; Disclaimer of Warranties and Release; and Dispute Resolution: FOR CLARITY, PARTICIPATION IN THE PROGRAM IS SUBJECT TO, AND YOU AGREE TO, THE RELEASES, OBLIGATIONS, DISPUTE RESOLUTION PROCEDURE, AND OTHER TERMS SET FORTH IN THIS SECTION AND IN THE “DISPUTE RESOLUTION” SECTION OF THE NESTLÉ USA TERMS & CONDITIONS, AVAILABLE AT HTTPS://WWW.NESTLEUSA.COM/TERMS, WHICH ALSO APPLY TO DISPUTES, CLAIMS, OR ANY OTHER RELEVANT ASPECT ARISING FROM THE OFFER OR FROM THESE TERMS.