RITZ Charcuterie Board Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50
UNITED STATES, District of Columbia and Puerto Rico, 18 YEARS AND OLDER
The Sweepstakes is no
way sponsored, endorsed, administered by, or associated with Instagram.
Instagram is not affiliated with Sponsor in any way.
1. TO ENTER:
RITZ Charcuterie Board Sweepstakes (the “Sweepstakes”), sponsored by Mondelēz Global,
LLC (“Sponsor”) begins at approximately 9:00 a.m.
ET on November 12, 2020 and ends at 11:59 p.m. ET on November 12, 2020 (the “Sweepstakes
Period”).
Participation
Requirements: You must have a personal Instagram account to
participate in this Sweepstakes. You may
not use a corporate or shared account. If you do not have an Instagram
account, you may open one for free at Instagram.com. When you join Instagram, you are indicating
that you (or
your parent or legal guardian if you are
deemed a minor in the jurisdiction in which you reside (“Minor”)) have read and agree
to accept the Instagram Terms of Service and Privacy Policy. If you use your wireless mobile device to
enter, standard message and data rates may apply. Please consult your
wireless-service provider regarding its pricing plans prior to entering via
your wireless mobile device. None of
the “Promotion Parties” (defined below in Section 3) shall be responsible for
any message or data rate charges which may apply. A wireless mobile device is not required to
enter the Sweepstakes.
Entry Requirements:
Take the following actions to receive one (1)
Sweepstakes entry:
(1)
Follow
@RITZcrackers on Instagram.
(2)
Comment
on the Sweepstakes post with #RITZPartyPlatter and #Sweepstakes (your “Comment”).
(3)
You must keep the same Instagram handle during the
Sweepstakes Period and until the prizes are awarded (as described in Section 4,
below); and
(4)
Your
Comment must also comply with the Content Restrictions stated below. Failure to
comply with any of the above requirements will result in disqualification of
you and your entry.
Limit: One (1) Entry Per person/Instagram handle.
Content Restrictions: Other than the required hashtags, your
Comment must be your original work,
created only by you. You must have
permission to include any reference to any other person in your comment on
Instagram. If requested, entrant must be able to provide such permission in a
form acceptable to Sponsor. Your Comment
cannot include any content that is deemed to (a) be sexually explicit or
suggestive, violent or derogatory of any ethnic, racial, gender, religious,
professional or age group, profane or pornographic, contain or reference nudity
or any materially dangerous activity; (b) promote alcohol, marijuana, illegal
drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular political
agenda or message; (c) be obscene or offensive, endorse any form of hate or
hate group; (d) contain trademarks, logos (except Sponsor’s, which are not
required to be included) or trade dress owned by others, or advertise or
promote any brand or product (except Sponsor’s, which are not required to be
included)) of any kind, without permission, or contain any personal
identification, such as license plate numbers, personal names, e-mail addresses
or street addresses; (e) contain copyrighted materials owned by others without
permission; and (f) contain materials embodying the names, likenesses,
photographs, or other indicia identifying any person, living or dead, without
permission.
By commenting on the Instagram post you (and
your parent or legal guardian, if you are a Minor) warrant and represent that
the content included: (i) does not infringe upon the copyrights, trademarks,
rights of privacy, publicity or other intellectual property or other rights of
any person or entity; and (ii) does not
include reference to any other individuals unless entrant has consent to
include these other individuals in his/her entry into the Sweepstakes as
described and contemplated by these Official Rules. Furthermore, entrant must comply with any
Instagram rules or conditions for using the Instagram platform, including,
without limitation, the Instagram Terms of Service and Privacy Policy. You (and your parent or legal guardian, if
you are a Minor) will indemnify and hold harmless the Promotion Parties,
defined below in Section 3, from and against any claims to the contrary. Any Instagram Comment that, in the sole
opinion of the Promotion Parties, is deemed to be inappropriate for publication
or inclusion in the Sweepstakes for any reason, will be disqualified.
POSTED Comments REPRESENT
SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE
VIEWS/OPINIONS OF any of the Promotion Parties IN ANY MANNER.
Use of any robotic, automatic, programmed or
similar entry method will void your entry and result in disqualification. Any
attempt by any individual to exceed the above-indicated entry limit by using
multiple/different e-mail or IP addresses, Instagram Accounts, identities, or
any other methods will void that individual's entry and that individual will be
disqualified. All entries must be received during the Sweepstakes Period. In the event of dispute as to the identity or
eligibility of a potential winner, the winning entry will be declared made by
the "Authorized Account Holder" of the Instagram account used to
enter the Sweepstakes provided he/she is eligible according to these Official
Rules. The "Authorized Account Holder" is defined as the natural
person who is assigned to an Instagram account by https://www.instagram.com/
2. Sponsor's Use of Comments: Posting a Comment constitutes
entrant’s (and his/her parent’s or legal guardian’s, if entrant is a Minor) consent
to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license
to use, reproduce, modify, publish, create derivative works from, and display the
Comment in whole or in part, on a worldwide basis, and to incorporate it into
other works, in any form, media or technology now known or later developed,
including for promotional or marketing purposes without limitation and without
further notice or approval. If requested, entrant (and his/her parent or legal
guardian, if entrant is a Minor) will sign any documentation that may be reasonably
required for Sponsor to make use of the non-exclusive rights entrant (and
his/her parent or legal guardian, if entrant is a Minor) is granting in and to
the Comment. Each entrant (and his/her
parent or legal guardian, if entrant is a Minor) agrees that the products of
such use, if any, shall become the property of Sponsor and/or Sponsor’s
licensees, and shall be freely assignable by Sponsor and its licensees. Entrant
(and his/her parent or legal guardian, if entrant is a Minor) hereby agrees that he/she will not be paid or
compensated for any such use of his/her
entry by Sponsor or its designees, and further waives any “Moral Right of
Authors” (Droit Moral) in the entry.
By posting a Comment,
each entrant (and his/her parent or legal guardian, if entrant is a Minor) acknowledges
that such Comment is gratuitous, unsolicited, and without restriction, and will
not place any of the Promotion Parties under any obligations other than those
contained in these Official Rules, and that each Promotion Party is free to
disclose the ideas contained in the comment on a non-confidential basis to
anyone or otherwise use the ideas therein without any compensation to the entrant.
Each entrant (and his/her parent or legal guardian, if entrant is a Minor) further
acknowledges that the Promotion Parties do not waive any rights to use similar
or related ideas previously known to the Promotion Parties, or developed by their
respective employees, or obtained from sources other than the entrant. Each entrant
(and his/her parent or legal guardian, if entrant is a Minor) acknowledges that
he/she will not instigate, support, maintain, or authorize any action or
lawsuit against any of the Promotion Parties on the basis that any use of
his/her Comment infringes any of his/her rights as creator of the Comment.
3. ELIGIBILITY: The Sweepstakes is open to legal residents of
the 50 United States, the District of Columbia (“D.C.”), and Puerto Rico, who
are eighteen (18) years of age or older at time of entry. The respective employees,
officers and directors of the Sponsor and Merkle Inc.
(“Administrator”), (collectively the “Promotion Parties”), HMT Associates, Inc. and members
of the immediate families (defined as including spouse, biological, adoptive
and step-parents, grandparents, siblings, children and grandchildren, and each
of their respective spouses, regardless of where they reside) or households
(whether related or not) of any of the above are not eligible to participate in
the Sweepstakes. Void outside the 50 United States, D.C. and PR and where
prohibited.
4. SWEEPSTAKES DRAWING: Administrator
is an independent judging organization whose decisions are final and binding in
all matters related to the Sweepstakes, including but not limited to those
related to the selection of the potential winners. Administrator will select forty
(40) potential prize winners in a random drawing from all eligible
entries received during the Sweepstakes Period on or around November 13, 2020. Potential winners will be notified via
Instagram by @RtizCrackers after the date of the drawing and will be directed
to a secure website where they will be required to provide their name, date of
birth, valid email address and mailing address within two (2) days of the date
notice or attempted notice is sent as a condition of claiming the prize. If a potential
winner cannot be contacted, or fails to provide the requested information within
the required time period, or if a prize notification or prize is returned as undeliverable,
the applicable prize will be forfeited and
may be awarded to an alternate winner in a random drawing from among all
remaining eligible entries. Only
three (3) alternate drawings will be held, after which the prize will remain
un-awarded. All
prizes will be awarded provided they are claimed properly in accordance with
these Official Rules.
Odds of winning a prize
will depend on the number of eligible entries received during the Sweepstakes Period. Receiving
a prize is contingent upon compliance with these Official Rules. Limit: one (1) prize per person.
5.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):
Forty (40) prizes are available to be awarded. Each prize
is a charcuterie board set, including a RITZ charcuterie board Cracker, cutlery
set, and an assortment of charcuterie toppings (all determined by Sponsor). ARV is $45 per prize.
Prizes are non-transferable
and no substitution or cash redemption will be allowed except as provided
herein or at the Sponsor’s sole discretion. Sponsor may substitute a prize of
equal or greater value if the advertised prize becomes unavailable. Prizes will
be shipped to each winner’s home mailing address within approximately 8-10 weeks
following the
conclusion of this Sweepstakes and verification of eligibility and compliance
with these Official Rules. Total ARV of all prizes is $1,800.
No more than the stated number of prizes will be awarded for any reason.
If the number of prize notifications exceeds the stated number of prizes, the stated
number of prizes will be awarded from among all recipients of such
notifications.
6. GENERAL RULES: All income taxes
resulting from acceptance of prizes, if any, are the responsibility of the
winners. By entering Sweepstakes,
entrants (and their parents/legal guardians if entrants are Minors) accept and
agree to these Official Rules and the decisions of the Administrator. By entering
Sweepstakes, entrants, (and their parents/legal guardians if entrants are Minors)
further agree to release and hold Promotion Parties, Instagram Inc., their
respective parents, subsidiaries, affiliates, directors, officers, employees
and assigns, promotion agencies and agents harmless from and against any and
all claims and liability arising out of participation in the Sweepstakes or use
or redemption of a prize (if applicable).
Acceptance of a prize constitutes winner’s (and his/her parent’s or
legal guardian’s, if winner is a Minor) permission to the Promotion Parties to
use winner’s name, likeness (and biographical information) for marketing
purposes in all media worldwide without limitation or further compensation,
notice or right of approval, unless prohibited by law. Promotion Parties are not responsible for
lost, misdirected, garbled or late entries, or for technical, hardware or
software malfunctions, lost or unavailable network connections, or failed,
incorrect, inaccurate, incomplete, garbled or delayed electronic communications
whether caused by the sender or by any of the equipment or programming
associated with or utilized in this Sweepstakes, including but not limited to
the Instagram platform’s equipment or programming, or by any human error which
may occur in the transmission, receipt or processing of the entries in this Sweepstakes,
the administration of the Sweepstakes or the announcement of winners. If, in
the Administrator’s opinion, there is any suspected evidence of tampering with
any portion of the Sweepstakes, or if technical difficulties compromise the
integrity of the Sweepstakes, the Sponsor reserves the right to modify or
terminate the Sweepstakes in a manner deemed reasonable by the Sponsor and
Administrator, at the Sponsor’s sole discretion. If terminated prior to stated
end date of the Sweepstakes Period, the prizes will be awarded in a random
drawing from among all eligible, non-suspect entries received as of the date/time
of termination. All federal, state and local laws apply.
7. WAIVER AND DISPUTES: Except where prohibited, each entrant (and his/her
parent/legal guardian if the entrant is a Minor) agrees that: (1) any and all
disputes, claims and causes of action arising out of or connected with this
Sweepstakes or any prize awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by the United States District Court for the Eastern District of
Michigan (Southern Division) or the appropriate Michigan State Court located in
Oakland County, Michigan; (2) 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; and (3) to the
extent allowed by applicable law, under no circumstances will entrant be
permitted to obtain awards for, and entrant (AND HIS/HER PARENT/LEGAL GUARDIAN IF ENTRANT IS A
MINOR) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of
the entrant and Sponsor in connection with the Sweepstakes, shall be governed
by, and construed in accordance with, the laws of the State of Michigan without
giving effect to any choice of law or conflict of law rules (whether of the
State of Michigan or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of Michigan. Furthermore,
entrant (AND HIS/HER
PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR) and each of the Promotion
Parties hereby waive, to the fullest extent permitted by applicable law, any
right THEY may have to a trial by jury in respect of any claim or dispute
arising from or relating to the Sweepstakes or these Official Rules.
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 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
Sweepstakes-related materials or notifications and these Official Rules, these
Official Rules shall prevail, govern and control.
8. WINNERS' LIST: For a winner list, visit https://bit.ly/3p19MCJ. The winner list will be posted after winner
confirmation is complete.
9.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
SWEEPSTAKES ADMINISTRATOR: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
All trademarks
used herein are the property of their respective owners.
Any questions,
comments or complaints regarding this Sweepstakes must be directed to the
Sponsor or Administrator only, and NOT to Instagram.