Triscuit Holiday Flavor 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.
Instagram is not affiliated with Sponsor in any way.
1. TO ENTER: Triscuit Holiday Flavor
Sweepstakes (the “Sweepstakes”),
sponsored by Mondelēz Global LLC (“Sponsor”), begins at approximately
10:00 am ET on December 15, 2022 and ends at 11:59 pm
ET on December 15, 2022 (the “Sweepstakes Period”).
Participation Requirements: A personal Instagram
account (no requirement that the account is public) is required to participate.
If you do not have an Instagram account, you may open one for free at Instagram.com. When you
join Instagram, 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. 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:
(1)
Follow
@triscuit on Instagram;
(2)
Locate
the Instagram post posted by @triscuit that advertises this Sweepstakes (herein
“Sweepstakes Post”); and
(3)
“Like”
the Sweepstakes Post; and
(4)
Comment
on the Sweepstakes Post by @mentioning one (1) friend with whom you have a
personal relationship and you want to spend the
holidays with (with their permission, see Content Restrictions below) (your
“Comment”).
(5)
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
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.
Entry Limit: You may enter one (1) time during the
Sweepstakes Period.
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 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 will indemnify and hold harmless the Promotion Parties
(defined in Section 3, below) from and against any claims to the contrary. Any 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.
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 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 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/.
2. SPONSOR’S USE OF ENTRIES: Participation constitutes
entrant’s (and their 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 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 (and their
parent or legal guardian, if entrant is a Minor) 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 participating,
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 in Section 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 sixty
(60) potential Sweepstakes winners in a random drawing
from all Entries received during the Sweepstakes Period on or around December 20,
2022. Each potential winner will be notified notified via direct message from @triscuit on
Instagram 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 home 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. All prizes will be awarded provided they are claimed properly in
accordance with these Official Rules. Unclaimed and
forfeited prizes will not be awarded.
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/Instagram
account.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
Sixty
(60) prizes will be awarded. Each prize consists of two (2) boxes of Triscuit Holiday Flavors. Flavors will be determined by
Sponsor in its sole discretion. ARV of
each prize is $10.
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 $600.
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., 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 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
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 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. 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. WINNERS LIST: For a winner list, click here.
The winner list will be posted after winner confirmation is complete.
10.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
11. 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.