Privacy Notice

This website, www.berksfoods.com, is owned and operated by Berks Packing Company, Inc. (“us”). This web page explains our online information practices and privacy policy. By using our website you are agreeing to the terms of our privacy policy.

We collect four different types of information on our web site: Consumer Information, Children’s Information, Commercial Information and Computer Information. Our privacy policy varies according to each type of information:

CONSUMER INFORMATION

When we use the term “Consumer Information,” we mean any personally identifying information collected from an individual who is over the age of 13. This may include an individual’s name, address, telephone number, and e-mail address. We only collect Consumer Information when it is knowingly and voluntarily submitted by a consumer.

We maintain all Consumer Information as confidential. We use your Consumer Information only to do the following:

  • to provide you with the information, products or services which you requested (such as information about our products, comments about our products or services, requests for coupons, contest or sweepstakes entries, questionnaires and surveys, product promotions, etc.)
  • to notify you about new offerings or updates to the website or other information which we believe may be of interest to you, but only if you have indicated that you would like to receive these messages from us.

We will not use your Consumer Information for any other reason without your permission. We will keep Consumer Information only for so long as we need to do so.

We do not, and will not, sell, rent or otherwise distribute any Consumer Information collected on our website to third parties, unless we are legally required to do so, or we choose to do so in order to prevent fraud or abuse or to assist law enforcement.

We do not request any password, payment card information, or other sensitive information via email. If you receive any email claiming to be from us which asks for such information, please advise us immediately by calling the Berks Marketing Department at 800-882-3757. We sometimes use other companies and individuals in our programs (such as marketing agencies, marketing research firms, consultants, payment card processors, etc.). They may have access to Consumer Information and other information such as payment card information, if they need it to perform their functions for us, but we prohibit them from using Consumer Information for other purposes and we require them to maintain it in total confidence.

Please note that we do not collect or store any credit, debit or other payment card numbers, expiration dates or security codes.

CHILDREN’S INFORMATION

Protecting the privacy and safety of children is of utmost importance to us. When we use the phrase “Children’s Information,” we mean any personally identifying information obtained from an individual under the age of 13. This could include any child’s name, address, telephone number, e-mail address.

Although our products are meant for families, including children, our web site is mainly meant for adults and we do not target any of our web pages toward children. We do not knowingly collect information from children under the age of 13. Our website design seeks to ensure that no Children’s Information is collected unless a parent or guardian has first given their child permission to use our website. We assume that a parent or guardian has closely reviewed, and approved any information voluntarily and knowingly submitted to our website for a visitor under the age of 13.

If we learn that a child under the age of 13 has submitted personal information for us to use without a parent’s consent, we will take all reasonable measures to delete such information from our databases and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you become aware of any Children’s Information we may have collected, please contact us by calling the Berks Marketing Department at 800-882-3757.

We will not sell, rent or otherwise disclose Children’s Information to any third party, unless we are legally required to do so , or we choose to do so in order to prevent fraud or abuse or to assist law enforcement.

If you are a parent or guardian, you can obtain and review any personally identifying information submitted by your child by calling the Berks Marketing Department at 800-882-3757. You may also forbid us to use or maintain such information by specifying such a request to us in writing.

We will never restrict your ability to access your child’s personally identifying information by frequency of request or fee, so long as it stored in our system.

COMMERCIAL INFORMATION

When we use the term “Commercial Information” we mean any information regarding a business or a visitor who conducts or represents a business, whether collected either via a voluntary and knowing submission such as registering to visit certain specific portions of our website or in any other manner. This includes the company name and address, telephone number, e-mail address.

We will use Commercial Information for such activities as:

  • to fulfill the purpose for which the information was provided (such as requests for information about our products, comments about our products or services, requests for coupons, contests, questionnaires and surveys, product promotions, etc.);
  • to do business with other business; and
  • to inform commercial visitors about new offerings or updates to the web site or other information which we believe may be of interest to them.

We may use Commercial Information for any purpose and may sell, rent or otherwise distribute any Commercial Information collected on our website to third parties. The design of our website seeks to ensure that Commercial Information is only collected from businesses or individuals who conduct or represent a business.

We also may track and aggregate Consumer Information, such as, for example, usage trends and demographic information which we may use to improve our site and meet customers’ preferences. We reserve the right to use aggregated de-personalized data for market research or any other lawful purpose, and provide it to other companies for their use.

If you offer a testimonial or opinion about products and services on our site, we may use these communications in our marketing campaigns, on and off the site. We may include in our marketing campaigns your initials, or your first name and the first letter of your last name, together with the name of the city/locality and state where you reside.

We may participate in interest based or behavioral advertising. This means that you may receive communications and special promotions and see advertising on our sites or other websites that is tailored to the way in which you browse or shop on our site or other websites. You may also see advertising for us on other websites based on your particular interests and online activity on our site or other websites.

We also may use web analytics and other data processing services such as Google Analytics to automatically generate information regarding visits to our site, including which pages are most often visited, how long users view a page, and other measures of the effectiveness of our marketing campaign. These services use cookies, or similar code. Depending on your web browser settings, information about your activity may or may not be gathered for this analysis.

REVIEWING AND CORRECTING YOUR PERSONAL INFORMATION

All Consumer, Children’s and Commercial Information that we maintain may be accessed and reviewed by the individual or business who submitted the information, or a child’s parent, by sending an email to MARKETINGDEPT@BERKSFOODS.COM. We will use all reasonable efforts to correct any errors in such information that you bring to our attention.

COMPUTER INFORMATION

Each time you visit our website, our servers automatically recognize information from your computer, such as your internet protocol address and e-mail address. To do this, we use “cookies” or other technology to track your visits to our web site. Cookies are small amounts of data that we send to you through your web browser and store on your computer’s hard drive. Cookies allow us to track what pages you visit on our website and make it easier for you to return to our website at another time. You are always free to refuse our cookies if your browser permits. We use cookies for the following purposes:

  • to improve the usefulness, performance, and security, of the website; and
  • to track your use of the website for internal data gathering and research.

DATA SECURITY

To maintain data security and ensure that we use the correct information, we use equipment and software, as well as physical, electronic and other procedures to safeguard and secure the information we collect online. Even though we take commercially reasonable measures to maintain data security, however, computers and the internet are never 100% secure. We cannot guarantee the confidentiality of any communication or material transmitted to us via this web site or e-mail. If you or your children choose to disclose any Personal Information, you should be aware that it is potentially accessible to unauthorized persons and could be collected by others and used without your consent. We disclaim all liability for the security of information transmitted through the internet.

LINKS TO OTHER SITES

Although we may provide links to third party websites on our site (such as Facebook, Twitter, Pinterest, etc.), such third-party sites operate independently. We are not responsible for any of the content of those third-party sites or their information collection or security practices or policies. We strongly advise you to review the terms of use and privacy and other policies of any website you visit.

POLICY CHANGES

We may change this privacy policy from time to time, so please check it occasionally. Your continued use of this web site after we post any changes will indicate that you accept those changes. This privacy policy is effective on June 1, 2020.

CONTACT US

If you have any concerns about our privacy policy please call 800-882-3757 or send us an email at MARKETINGDEPT@BERKSFOODS.COM. To unsubscribe from our email lists or opt out of any other features or services available at our web site, CLICK HERE.

The Berks Big Taste Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

SWEEPSTAKES ENTRY PERIOD: The Berks Big Taste Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Sunday, November 15, 2020 and ends at 11:59:59 PM ET on Tuesday, December 15, 2020 (the “Sweepstakes Period”).

ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Berks Packaging Co., Inc. (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER: There is one (1) way to enter.

Method #1: Online Entry. During the Sweepstakes Period, visit https://www.berksfoods.com/sweepstakes-big-taste.htm, follow all entry instructions to complete the entry form, including answering three (3) true or false questions, and submit to receive one (1) entry into the Sweepstakes (the “Online Entry”). Online Entries must be received between Sunday, November 15, 2020 at 12:00:01 AM ET and Tuesday, December 15, 2020 at 11:59:59 PM ET. Online entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.berksfoods.com/privacy-notice.htm.

Limit: One (1) Online Entry per person during the Promotion Period regardless of whether entrant has more than one email address. All entries become the property of the Sponsor and will not be acknowledged or returned.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:

Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize is one (1) $500 Amazon gift card.

The ARV of Grand Prize: $500.00.

First Prizes: There are ten (10) First Prizes available to be won. First Prize is one (1) $50 Amazon gift card.
The ARV of the First Prize: $50.00 each. The total ARV of all First Prizes is: $500.00.

Second Prizes: There are twenty (20) Second Prizes available to be won. Second Prize is one (1) $25 Amazon gift card.
The ARV of each Second Prize: $25.00 each. The total ARV of all Second Prizes is: $500.00.

The total ARV of all prizes available to be won: $1,500.00.

There is a limit of one (1) prize per person. Odds of winning will depend upon the total number of eligible entries received.

RANDOM DRAWING: The winners will be selected in a random drawing on or about Thursday, December 17, 2020 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.

WINNER NOTIFICATION & VERIFICATION: Potential winners will be notified by email and will be requested to confirm their mailing address within 48 hours via return email. Noncompliance will result in disqualification and an alternate winner may be selected. Prizes will be sent to the email address provided at the time of entry within 4-6 weeks of winner being verified.

If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable.

If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.

PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

Vouchers are not redeemable for cash and will not be replaced if lost or stolen. Voucher usage is subject to the issuing company’s complete terms and conditions, including expiration dates.

Gift cards/eGift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card/eGift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.

Winners are responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any). Once the prize has been delivered to the winner’s provided address, the prize is considered awarded.

GENERAL: Although subsequent attempts to enter on a given day may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.

Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Berks County, Pennsylvania and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Berks County, Pennsylvania. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Berks County, Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY: Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.berksfoods.com/privacy-notice.htm.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.berksfoods.com/sweepstakes-big-taste.htm?page=rules or send a self-addressed, stamped envelope by December 17, 2020, to: The Berks Big Taste Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after December 17, 2020), send a stamped, self-addressed envelope (no later than January 14, 2021), to: The Berks Big Taste Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

SPONSOR: Berks Packaging Co., Inc., 319 Bingaman Street, Reading, PA 19602.

Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.