Thins Protection Program
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR
CHANCE OF WINNING.
OPEN TO RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA AND PUERTO RICO, 18 YEARS OF AGE AND OLDER ONLY
The Sweepstakes is no
way sponsored, endorsed, administered by, or associated with Instagram or
Twitter. Neither Instagram nor Twitter is affiliated with Sponsor in any way.
1. TO ENTER: Beginning
at 10:00 am ET on July 14, 2021 through 11:59 pm ET on July 23, 2021 (the “Sweepstakes
Period”), entrants must take the following actions to receive one (1) entry
into the Sweepstakes. By entering, you may also be eligible to receive a
Special Offer (described below in Section 3).
Participation
Requirements:
You
must have a personal Instagram or Twitter account to participate in this
Sweepstakes. You may not use a
corporate or shared Instagram or Twitter account. If you do not have an Instagram
or Twitter account, you may open one for free at Instagram.com or Twitter.com (each, a “Social
Account”). When you create a Social
Account, 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 Terms of Use and Privacy Policy for the
applicable Social Account. 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 2) 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 two (2) ways to enter the
Sweepstakes. (You may only enter one
(1) time during the entire Sweepstakes Period.)
Enter through Twitter: During the Sweepstakes Period take the
following actions to receive one (1) Sweepstakes “Entry”:
(a) Tweet your favorite hiding place for your
OREO Thins and include #ThinsProtectionProgram #Sweepstakes;
(b) You must make your Twitter handle public
and keep the Twitter handle used to enter this Sweepstakes through the time
when the prizes are awarded (as described
in Section 4, below); and
(c) Comply with the Content
Restrictions stated below.
OR
Enter through @OREO Instagram Post: During the Sweepstakes
Period take the following actions to receive one (1) Sweepstakes “Entry”:
(b) Comment on the
Sweepstakes Post with your favorite hiding place for your OREO Thins and include
#ThinsProtectionProgram #Sweepstakes;
(c) You must keep the Instagram
handle you used to enter through the time when the prizes are awarded (as
described in Section 4 below); and
(d) Your Comment must
also comply with the Content Restrictions stated below.
Failure to comply with any of the above
requirements for either entry method will result in disqualification of you and
your Entry.
Content
Restrictions of your Entry: Other than required hashtag(s), any content
included in your Entry must
be your original work, created only by you. You must have permission to include any
reference to or image of any other person in your Entry. If requested, entrant
must be able to provide such permission in a form acceptable to Sponsor. Your Entry cannot include any text or photo
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, 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. The above list is not meant
to be exhaustive. Any Entry which, in the sole opinion of the Sponsor, is
deemed to be inappropriate for publication or inclusion in the Sweepstakes for
any reason, will be disqualified.
By posting your Entry on Instagram or Twitter 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 Instagram or Twitter rules or conditions for using the Instagram
or Twitter platform (as applicable, including, without limitation, the Instagram
and Twitter Terms of Use 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 2,
from and against any claims to the contrary.
POSTED Content REPRESENTS
SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DOES 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 or Twitter accounts, identities,
or any other methods will void that individual's Entry(ies)
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
or Twitter account used to enter the Sweepstakes provided he/she is eligible
according to these Official Rules. The “authorized account
holder” is the natural person in whose name the Instagram or Twitter
account was created.
Limit: Each person can enter one (1) time during the Sweepstakes
Period.
2. ELIGIBILITY:
This Sweepstakes is open to residents of the fifty
(50) United States, the District of Columbia and Puerto Rico who are at least eighteen
(18) years old at the time of entry. Employees, officers and directors of Mondelez
Global, LLC (“Sponsor”), HMT Associates,
Inc., Merkle Inc. (“Administrator”), participating Influencers, and their
respective affiliates, subsidiaries and agencies (collectively “Promotion
Parties”), 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 Puerto Rico, and where prohibited.
3. SPECIAL OFFER: The
first one thousand five hundred (1,500) entrants who post a qualifying Entry on
Twitter and the first one thousand five hundred (1,500) entrants who post or
comment a qualifying Entry on the @OREO Instagram Sweepstakes Post will be
offered one (1) OREO Thins Limited Edition Protection Program package, valued
at approximately $3.29 (“Special Offer”).
Limit: one (1) Special Offer per person. In order to claim this Special
Offer, entrants will be notified through the social channel used to enter
starting on July 14, 2021 and will be
directed to an online form to collect their first name, last name, home mailing
address and confirm their age within three (3) days of the date of notice in
order to claim the Special Offer. Failure to comply may result in forfeiture of
the Special Offer. The Special Offer ends on July 23, 2021 or when supplies for each
social channel are exhausted, whichever occurs first.
4. SWEEPSTAKES DRAWING: Administrator is an independent judging
organization whose decisions as to the administration and operation of the
Sweepstakes, including but not limited to the selection of the potential winner,
are final and binding. Administrator will select the potential Sweepstakes
winner by a random drawing from among all eligible
entries received during the Sweepstakes Period through both entry methods
combined on or around July 26, 2021. The
potential winner will be notified by @OREO on the Social Account used to enter after
the date of the drawing and will be directed to an online form to collect their
first name, last name, home mailing address and confirm their age within three (3)
days of the date of notice in order to claim the prize. Next, the potential
winner (or his/her parent/legal guardian if winner is a Minor) is required to
complete and return a Declaration of Compliance, Liability Waiver and where not
prohibited a Publicity Release within four (4) days to claim the prize. If: (a)
the potential winner of the prize cannot be contacted, or winner (or his/her parent/legal
guardian if winner is a Minor) fails to provide any requested information
within the required time period including timely completion of the Declaration;
(b) a prize/prize notification is returned as undeliverable; or (c) the potential
winner does not comply with these Official Rules in any way, the potential
winner will be disqualified and will forfeit
the prize. Odds of winning the prize will depend on the number of eligible
entries received during the Sweepstakes Period through both entry methods combined.
Receiving the prize is contingent upon compliance with these Official Rules. In the event that the potential winner forfeits the prize
or is disqualified for any reason, Sponsor will award the prize to an alternate
winner by random drawing from among all remaining eligible entries. If necessary, only three (3) such alternate drawings will
be held, after which the prize will remain un-awarded if it is unclaimed.
5. PRIZE: ONE (1) Winner will receive a check
for $25,000. No substitutions or transfers of prize permitted by
winner. Sponsor reserves the right to substitute a prize of equal or greater
value if the advertised prize becomes unavailable. Prize will be fulfilled
by mail within approximately 8-10 weeks following the conclusion of the Sweepstakes
Period and verification of winner’s eligibility and compliance with these
Official Rules.
Total approximate retail value of the
Sweepstakes prize and all Special Offers:
$34,870.
6. GENERAL RULES: All applicable federal, state and local taxes and any
expenses related to or resulting from acceptance and use of the prize, if any,
are the responsibility of the winner. By entering this Sweepstakes or accepting
the prize, entrants (or their parents/legal guardians if entrants are Minors) accept
and agree to these Official Rules and the decisions of Administrator,
which shall be final in all matters realting to the
Sweepstakes. By accepting the prize or a Special Offer, the winner/Special
Offer recipient (or his/her parent/legal guardian if the winner or any Special
Offer recipient is a Minor) agrees to hold Promotion Parties, Instagram, Inc., Twitter
Inc., their respective parent companies, subsidiaries, affiliates, directors,
officers, employees and assigns, promotion agencies and agents harmless against
any and all claims and liability arising out of participation in the Sweepstakes
and/or use or redemption of the prize or Special Offer. Promotion Parties are not responsible for any
human or other error which may occur during this Sweepstakes. If, in the opinion
of Sponsor, there is any suspected evidence of tampering with any portion of
the Sweepstakes that compromises the integrity of the Sweepstakes, the Sponsor
and Administrator reserve the right to modify or terminate the Sweepstakes in a
manner deemed reasonable in the Administrator’s sole discretion. If terminated
before the stated end date/time of the Sweepstakes Period, the prize will be
awarded in a random drawing from among all eligible entries received through
both entry methods combined as of the time/date of termination, and Special
Offers will be distributed only to those who qualified to receive one before
the date/time of termination.
7. WAIVER, LIMITATIONS
OF LIABILITY & DISPUTE RESOLUTION: Except where prohibited, entrant (or his/her parent/legal guardian if 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 with the prize or Special Offers, 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) under no circumstances will entrant (or
his/her parent/legal guardian if entrant is a Minor) be permitted to obtain awards for, and entrant (or
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 PORTIONS OF 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.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, all entrants
(or their
parents/legal guardians if entrants are Minors) agree that Sponsor, Administrator, participating
Influencers, Instagram Inc., Twitter Inc., and their respective affiliates,
subsidiaries, representatives, consultants, contractors, legal counsel,
advertising, public relations, promotional, fulfillment and marketing agencies,
web site providers, web masters, and each of their respective officers,
directors, employees, representatives and agents (collectively, the “Released
Parties”) are not responsible for: (a)
any incorrect or inaccurate information, whether caused by entrants, printing
errors or by any of the equipment or programming associated with or utilized in
the Sweepstakes, or by either applicable social media platform; (b) technical
failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (c) unauthorized human intervention in any part of the entry process
or the Sweepstakes; or (d) technical or human error which may occur in the
administration of the Sweepstakes. No
more than one (1) prize will be awarded. In the event that production,
technical, programming or any other reasons cause more than one prize
notification to be issued, the one (1) intended prize as set forth in these Official Rules will awarded
by a random drawing from among all recipients of such notifications.
ALL ENTRANTS (OR THEIR PARENTS/LEGAL
GUARDIANS IF ENTRANTS ARE
MINORS) AGREE THAT THE
RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD
HARMLESS BY ENTRANTS (OR THEIR PARENTS/LEGAL GUARDIANS IF ENTRANTS ARE MINORS) AGAINST, ANY AND ALL LIABILITY FOR
ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL
INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, FROM (i) ACCEPTANCE, POSSESSION, MISUSE,
OR USE OF THE PRIZE OR A SPECIAL OFFER (IF APPLICABLE), (ii) ENTRY, OR
PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES -RELATED ACTIVITY
(INCLUDING, TO THE EXTENT ALLLOWED BY APPLICABLE LAW, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), or (iii) ANY CLAIMS BASED ON
PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE
DELIVERY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY.
WITHOUT LIMITING THE FOREGOING, TO THE
EXTENT ALLOWED BY APPLICABLE LAW EVERYTHING REGARDING THIS SWEEPSTAKES,
INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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.
PRIVACY POLICY:
Information collected from winners is subject to Sponsor’s Privacy Policy (https://www.mondelezinternational.com/Privacy-Policy).
9.
WINNER’S NAME: For the winner’s name, visit https://bit.ly/3abTsK4. The winner’s name will be posted after winner
confirmation is complete.
SPONSOR: Mondelēz Global LLC, 100 Deforest Avenue,
East Hanover, NJ 07936.
ADMINISTRATOR: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI
48075.
Any questions, comments or complaints regarding
this promotion must be directed to the Sponsor or Administrator only, and NOT
to Instagram Inc. or Twitter Inc..
FORD, the FORD Oval, Maverick and the Maverick
Vehicle Trade Dress are trademarks of the Ford Motor company, used under
license. Green Giant ® and the Green Giant logo are registered
trademarks of B&G Foods North America, Inc., used under license. The HANES, HANES & Flag Logo, TAGLESS,
and COOL COMFORT are trademarks of HBI Branded Apparel Enterprises, LLC used
under license. BETTER HOMES AND GARDENS and the red plaid design are registered
trademarks of Meredith Corporation, used under license.