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 or
Facebook. Neither Instagram nor Facebook is affiliated with Sponsor in any way.
1. TO ENTER:
HALLS Pep Talk Sweepstakes (the
“Sweepstakes”), sponsored by Mondelēz Global, LLC (“Sponsor”) begins at approximately 2:00 a.m. ET on December
3, 2020, ends at 11:59 p.m. ET on December 31, 2020 (the “Sweepstakes Period”),
and consists of four “Weekly Entry Periods” as set forth in the chart below.
|
Weekly
Entry Period |
Starts at
12:00 a.m. ET (except
for Week 1 which starts at 2:00 pm ET) |
Ends at
11:59 p.m. ET |
Approximate
Drawing Date |
|
1 |
December 3,
2020 |
December 9,
2020 |
December 10,
2020 |
|
2 |
December 10,
2020 |
December 16,
2020 |
December 17,
2020 |
|
3 |
December 17,
2020 |
December 23,
2020 |
December 28,
2020 |
|
4 |
December 24,
2020 |
December
31, 2020 |
January
4, 2021 |
Participation
Requirements: You must have a personal, publicly viewable
Instagram or Facebook account (“Social Account”) to participate in this
Sweepstakes. You may not use a
corporate or shared account. If you do not have a Social Account, you
may open one for free at Instagram.com or Facbook.com, respectively. When you join Instagram or Facebook, 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 applicable terms 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 Rule 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: There are three (3) ways
to enter as set forth below.
Facebook Entry Requirements: Take the following
actions to receive one (1) Sweepstakes entry:
(1)
Find
Sponsor’s Sweepstakes post on the Halls Facebook page;
(2)
Comment
on the Sweepstakes post with
a.
an
original photo created by you that shows you engaging in something that you are
passionate about; and
b.
an
original inspirational quote created by you OR a HALLS Pep Talk Quote (see list
below); and
c.
Include
#HALLSPepTalk (collectively, your “Comment”).
(3)
You must maintain your Facebook handle once you have
entered and until the prizes are awarded (as described in Rule 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.
Instagram Post
Entry Requirements: Take the following actions to receive one (1) Sweepstakes
entry:
(1)
Follow
Get_Halls on Instagram;
(2)
Post
an an original photo created by you that shows you
engaging in something that you are passionate about and include the following
in the original caption of your Instagram post
a.
an
original inspirational quote created by you OR a HALLS Pep Talk Quote (see list
below); and
b.
#HALLSPepTalk #Sweepstakes; and
c.
@Get_HALLS.
(3)
You must maintain your Instagram handle once you have
entered and until the prizes are awarded (as described in Rule 4, below); and
(4)
Your
Instagram Post 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.
Instagram Story
Entry Requirements: Take the following actions to receive one (1) Sweepstakes
entry:
(1)
Follow
Get_Halls on Instagram;
(2)
Create
an Instagram Story that includes an original photo created by you that shows
you engaging in something that you are passion about and include the following
copy in prominent large print on your photo.
a.
an
original inspirational quote created by you OR a HALLS Pep Talk Quote (see list
below);
b.
#HALLSPepTalk #Sweepstakes; and
c.
@Get_Halls
(3)
You must maintain your Instagram handle once you have
entered and until the prizes are awarded (as described in Rule 4, below); and
(4)
Your
Instagram Story 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/Social Account during
each Weekly Entry Period
All Entries must be received during the Sweepstakes
Period. Each Entry will be included in the drawing that corresponds to the date
on which the Entry was received.
HALLS Pep Talk Quotes:
• Fire
up those engines!
• Get
back in the game.
• Go
for it.
• Hi-Five
yourself
• Let’s
hear your battle cry.
• Be
resilient.
• Be
unstoppable.
• Conquer
today.
• Don’t
give up on you.
• Elicit
a few “wows” today.
• Get
through it.
• Go
get it!
• Impress
yourself today.
• Push
on!
• Put
your game face on.
• Seize
the day.
• Bet
on yourself.
• Buckle
down and push forth!
• Don’t
wait to get started.
• Don’t
waste a precious minute.
• Flex
your “can do” muscle.
• Get
back in there champ!
• Inspire
envy.
• It’s
yours for the taking
• Keep
your chin up.
• Power
through!
• Put
a little strut in it.
• Take
charge and mean it.
• Tough
is your middle name.
• You
can do it and you know it.
• You
got it in you.
• You’ve
survived tougher.
• Don’t
try harder. Do harder!
• Dust
off and get up.
• Turn
“can do” into “can did!”
• March
forward!
• Nothing
you can’t handle.
• The
show must go on. Or work
Content Restrictions: Other than the required hashtags and
use of a Pep Talk Quote, your Facebook Comment /Instagram Post/Instagram Story (collectively
referred to as your “Entry”) must be
your original work, created only by you.
You must have permission to include any reference to any other person in
your Entry. 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 by Sponsor, in its discretion, 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 or copyrighted material,
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 posting your Entry you (and your parent or
legal guardian, if you are a Minor) warrant and represent that the content
included: (a) does not infringe upon the copyrights, trademarks, rights of
privacy, publicity or other intellectual property or other rights of any person
or entity; and (b) 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 Social Account rules or conditions for using social
platform, including, without limitation, the applicable 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 Rule 3, from and against any claims to the
contrary. Any Entry 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 ENTRIES 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, Social Accounts, identities, or any
other methods will void that individual's Entry and that individual will be
disqualified. 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 Social Account used to enter the Sweepstakes based on the
applicable Social platform’s records.
2. Sponsor's Use of Comments: Posting your Entry 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
Entry 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 Entry. 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 an Entry,
each entrant (and his/her parent or legal guardian, if entrant is a Minor) acknowledges
that such Entry 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 Entry 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 Entry infringes any of his/her rights as creator of the Entry.
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 DRAWINGS: 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 twenty-five
(25) potential prize winners in a random
drawing from all eligible entries received during each applicable Weekly Entry Period
on or around the dates listed above in Section 1. Non-winning entries will
not be included in subsequent Weekly Entry Period drawings. Potential
winners will be notified through the social channel used to enter (@Halls on
Facebook or @Get_Halls on Instagram) 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 three (3) days of the
date notice or attempted notice is sent as a condition of claiming the prize. Potential
winners who entered through Facebook may be required to send a private message
to @Halls before they can receive the instructions on how to claim their 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 the remaining eligible entries in the applicable
drawing pool. If necessary, only
three (3) alternate drawings will be held, after which the prize will remain
un-awarded if it is not claimed. 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 each applicable
Weekly Entry Period. Receiving a prize is contingent upon compliance
with these Official Rules. Limit: one
(1) prize per person/Social Account.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): A total of one
hundred (100) prizes are available to be awarded (twenty-five (25) prizes per Weekly
Entry Period). Each prize includes the following: one (1) HALLS branded tote bag, one (1)
package (24 count) of HALLS On-The-Go cough drops (flavor determined by
Sponsor), and one (1) $50 prepaid card (terms and conditions apply). All details regarding the tote bag and cough
drops are determined by Sponsor. ARV is $62 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 (or
portion thereof) of equal or greater value if the advertised prize (or portion
thereof) 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 each winner’s eligibility and compliance with these Official Rules. Total
ARV of all prizes is $6,200.
No more than the stated number of prizes will be awarded for any reason.
If the number of prize notifications for any drawing exceeds the stated number
of prizes for that drawing, 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, Facebook Inc., 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 or Facebook platforms’ 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 for the next-scheduled drawing will be awarded in a random
drawing from among all eligible, non-suspect entries received as of the date/time
of termination. Thereafter, no further drawings will be conducted and no
further prizes will be awarded. 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/2V0ZOUj. 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 or Facebook.