RITZ Bits S’Mores
Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50
UNITED STATES, D.C. AND PUERTO RICO,
18 YEARS AND OLDER.
The Sweepstakes is no
way sponsored, endorsed, administered by, or associated with Instagram and/or
Twitter. Instagram and Twitter are not affiliated with Sponsor in any way.
1. TO ENTER: RITZ Bits S’mores Sweepstakes (the “Sweepstakes”), sponsored by Mondelēz Global LLC (“Sponsor”), begins
at approximately 1:00 pm ET on August 10, 2022 and ends at 11:59 pm ET on
August 17, 2022 (the “Sweepstakes Period”).
Participation Requirements: A personal
Twitter account (must be public) or a personal Instagram account (no
requirement that the account is public) is required to participate. If you do
not have an Instagram or Twitter account, you may open one for free at Instagram.com or Twitter.com, respectively. When you join Instagram or Twitter, you (or your parent or legal guardian if you
are deemed a minor in the jurisdiction in which you reside (“Minor”)) are indicating that you
have read and agree to accept and abide by the Instagram Terms of
Use and Privacy
Policy or the Twitter Terms of Use 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. You may not use a corporate or shared
account.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period:
(a) Entry Requirements for Instagram:
(1)
Follow
@ritzcrackers on Instagram;
(2)
Locate
the Instagram post posted by @ritzcrackers that advertises this Sweepstakes
(herein “Sweepstakes Post”);
(3)
Comment
on the Sweepstakes Post by @mentioning one (1) friend (with their permission,
see Content Restrictions below) (your “Comment”);
(4)
There is no requirement that your Instagram handle is
public. However, you must keep the same Instagram handle during the Sweepstakes
Period and until the prizes are awarded (as described in Section 4, below); and
(5)
Your
Comment must also comply with all of the Content Restrictions stated below to
receive an “Entry.” Failure to comply with any of the above requirements will
result in disqualification of you and your Entry.
By completing the above requirements, you will
receive one (1) Entry into the Sweepstakes drawing.
(b)
Entry Requirements for Twitter:
(1)
Follow
@Ritzcrackers on Twitter;
(2)
Locate
the Tweet posted by @Ritzcrackers that advertises this Sweepstakes (herein
“Sweepstakes Tweet”);
(3)
Tweet
@Ritzcrackers or reply to the Sweepstakes Tweet and (a) tag one (1) friend (with
their permission, see Content Restrictions below) and (b) include
#RITZBitsSmores (your “Reply”);
(4)
Your Twitter account must be public and remain public
during the Sweepstakes Period and until the prizes are awarded (as described in
Section 4, below). You also must keep the same Twitter handle during the
Sweepstakes Period and until the prizes are awarded; and
(5)
Your Reply must also comply with all of the Content
Restrictions stated below to receive an “Entry”. Failure to comply with any of
the above requirements will result in disqualification of you and your Entry.
By completing the above requirements, you will
receive one (1) Entry into the Sweepstakes drawing.
Entry Limit: You may enter one (1) time during the
Sweepstakes Period on Instagram and one (1) time on Twitter, for a total of two
(2) possible entries.
Content Restrictions for your Entry: Your Entry must be
your original work, created only by you. You must have permission to @mention
or tag your friend and to otherwise 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 Entry 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, logos (except Sponsor’s, which are not
required) or trade dress owned by others, or advertise or promote any brand or
product (except Sponsor’s, which is not required) 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; (b) does not include reference to any other individuals unless
entrant has consent to include these other individuals in their Entry into the
Sweepstakes as described and contemplated by these Official Rules; and (c)
complies with all of the Content Restrictions listed in the paragraph above.
You (and your parent or legal guardian, if you are a Minor) will indemnify and
hold harmless the Promotion Parties (defined in Section 3, below) from and
against any claims to the contrary. Any Comment or Reply 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.
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 and/or Twitter accounts,
identities, or any other methods will void all of that individual's Entries and
that individual will be disqualified. All Entries must be received during the
Sweepstakes Period to be eligible for inclusion in the prize drawing. 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 they are 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/
or to a Twitter account by https://twitter.com/.
2. SPONSOR’S USE OF ENTRIES: Posting an Entry
constitutes entrant’s (and their parent’s or legal guardian’s, if entrant is a
Minor) consent to give Sponsor (as defined in Sections 1 and 10) 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 their 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 is granting in and
to the Entry. Each entrant (and their 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 their parent or legal guardian, if
entrant is a Minor) hereby agrees that they will not be paid or compensated for
any such use of their 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 their 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 (defined in
Section 3, below) 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
their 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 (defined in Section 3, below),
or developed by their respective employees, or obtained from sources other than
the entrant. Each entrant (and their parent or legal guardian, if entrant is a
Minor) acknowledges that they will not instigate, support, maintain, or
authorize any action or lawsuit against any of the Promotion Parties (defined
in Section 3, below) on the basis that any use of their Entry infringes any of
their 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 (“PR”), who are 18 years of age or older at
time of entry. The respective employees, officers and directors of the Sponsor
and Administrator, (as defined respectively in Sections 10 and 11, below), HMT
Associates, Inc. and the
respective parent companies, affiliates, subsidiaries and agencies of each of
the foregoing (collectively the “Promotion Parties”), and members
of their 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
three-hundred (300) potential Sweepstakes winners from all Entries received
during the Sweepstakes Period via Twitter and Instagram, combined, on or around
August 22, 2022. Each potential winner will be notified notified via direct message on the social platform
they used to enter by @ritzcrakers (on Instagram) or @Ritzcrakers (on Twitter)
after the date of the drawing and will be directed to a secure website where
winner 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 in order to claim the prize. If a potential
winner cannot be contacted, or prize is returned as undeliverable, or if a potential winner fails to provide the
requested information within the required time period, or if a potential winner is deemed ineligible to
receive a prize for any reason, the applicable prize will be forfeited and may be awarded to an alternate winner in a
random drawing from among all remaining eligible Entries. If necessary, this process
will be repeated up to three (3) times, after which the prize will not be
awarded if it remains unclaimed. 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 via Twitter
and Instagram combined. Receiving a prize
is contingent upon compliance with these Official Rules. Limit: One (1)
prize per person.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
Three-Hundred
(300) prizes will be awarded. Each prize consists of: one (1) specialty box
of RITZ Bits S’mores. ARV of each prize
is $3.
All details of the prize will be determined by
Sponsor. Prizes are non-transferable and no
substitution or cash redemption in whole or in part will be made 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 the Sweepstakes and verification of eligibility and compliance
with these Official Rules. Total ARV of all prizes is $900.
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 intended number of
prizes will be awarded in a random drawing from among all recipients of such
notifications. All
prizes are awarded “as is” without warranty of any kind, express or implied, on
the part of the Sponsor.
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, which shall be final in all matters. By
entering Sweepstakes, entrants, (and their parents/legal guardians if entrants
are Minors) further agree to release and hold Promotion Parties, Instagram,
Inc., Twitter, 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 their parent’s or
legal guardian’s, if winner is a Minor) permission for the Promotion Parties to
use winner’s name, likeness (and biographical information) and photograph
(including, without limitation, winner's Instagram or Twitter profile photo)
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 Twitter 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 the stated end date of
the Sweepstakes Period, the prizes will be awarded by random drawing from among
all eligible, non-suspect Entries received as of the date/time of termination
via Twitter and Instagram combined. All federal, state and local laws apply.
7. WAIVER AND DISPUTES: Except where prohibited, each entrant (and
their parent/legal guardian if the entrant is a Minor) agrees that: (a) 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 or the appropriate Michigan State Court located in Oakland County,
Michigan; (b) 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 (c) to the extent
allowed by applicable law, under no circumstances will entrant be
permitted to obtain awards for, and entrant (AND THEIR 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 their parent/legal guardian if the entrant is a Minor) 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 THEIR 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. Entrant's
Personal Information: Information collected
from entrants is subject to Sponsor’s Privacy Policy.
9.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
10. 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, Inc. or Twitter, Inc..