SOUR
PATCH KIDS SOUR HEARTS SOCIAL CLUB EVENT
Official Terms &
Conditions
NO PURCHASE NECESSARY.
Making a purchase will not increase your chances of receiving a Reward (as
defined below).
OPEN TO LEGAL RESIDENTS
OF THE 50 UNITED STATES AND THE
DISTRICT OF COLUMBIA, 21 YEARS OF AGE AND OLDER ONLY
This Program is in no
way sponsored, endorsed or administered by, or associated with, Instagram, Inc.
or Meta Platforms, Inc. Meta Platforms and Instagram are not affiliated with the
Sponsor in any way.
1. HOW TO
PARTICIPATE: The SOUR PATCH KIDS Sour Hearts Social Club Event program (the “Program”)
begins at approximately 12:00 a.m. ET on February 1, 2023 and ends at 11:59
p.m. ET on February 5, 2023 or whenever all one hundred (100) Rewards (as
defined below) are claimed, whichever occurs first (the “Program Period”). To participate
you must have an account with OpenTable, either on www.opentable.com (the “Website”) or the
OpenTable app (the “App”). Creating an account with OpenTable is free, subject
to its Terms and Conditions and Privacy Policy. You must also have an
Instagram account in order to request a Reward (as defined below) via method
1.(a), below. If you do not have an Instagram account, you may open one for
free at Instagram.com.
During the Program Period, if you are eligible
in accordance with Section 3, below, you may make a “Reservation” to attend the
Reward Event (defined in Section 2 below) and thereby claim admittance for between
one (1) to four (4) eligible individuals (each of whom, along with the person
who made the Reservation, is deemed a “Reward recipient” for purposes of these
Official Terms and Conditions) to attend the Reward Event in one of the three
(3) following ways:
(a) Locate the
Instagram post advertising this Program (“Program Post”), click on the
OpenTable link within the Program Post and follow the instructions to complete
and submit your Reservation;
(b) Visit the Website or
the App and locate the “Sour Patch Kids Sour Hearts Social Club Event” experience
under the Experiences tab. Follow the links and instructions to complete and
submit your Reservation; or
(c) If you received an
email from OpenTable or an OpenTable partner advertising this Program, click on
the OpenTable link within the email and follow the instructions to complete and
submit your Reservation.
You may make one (1) Reservation for up to four
(4) eligible persons, claiming four (4) Rewards. Rewards are available until
all one hundred (100) Rewards have been depleted as determined by Administrator
in its sole discretion. The participant who made the Reservation must use one
(1) of the claimed Rewards, i.e., attend the Reward Event (as defined in
Section 2, below). The participant who made the Reservation will receive an
email confirmation from Administrator.
Limit: One (1) Reservation and up to four (4) Rewards
per person. Multiple participants are not permitted to share the same email
address or OpenTable account. Any attempt by any participant to obtain more
than the stated number of Reservations or Rewards by using multiple/different
email addresses, OpenTable accounts, identities or any other method will result
in disqualification of participant. As a condition of receiving a Reward,
participant and all Reward recipients may be required to provide proof of
eligibility in any form deemed necessary by Sponsor. Proof of submission of a Reservation
(whether by screen shot or otherwise) will not be deemed proof of receipt by
Sponsor.
2. REWARD: Admittance
for one (1) person to a free buffet-style limited menu dinner taking place on
February 13, 2023 from 7:00 p.m. to 10:00 p.m. Central Time at The Allis, Soho
House Chicago, 113-125 North Green Street, Chicago, Illinois (the “Reward
Event”). Alcoholic beverages are not included, and are the responsibility of
the Reward recipient. Admittance to
the Reward Event will require all attendees to complete a film release waiver when
you arrive at The Allis, Soho House Chicago. Sponsor and/or Administrator intends to photograph and/or film the
Reward event and will use the images/footage recorded (“Reward Footage”) as set
forth in Section 5, below. Approximate
Retail Value of each Reward: $100 per person.
Expenses
for transportation
to and from the Reward Event are the responsibility of each Reward recipient.
3. ELIGIBILITY: Open to legal residents
of the United States who are 21years of age or older at the time of participation
and reside in one of the fifty (50) United States or the District of Columbia
(“D.C.”). Employees of Mondelēz Global LLC (“Sponsor”), OpenTable,
Inc. (“Administrator”), Ketchum, Inc. HMT Associates, Inc., and members of their immediate families (defined as including spouse,
biological, adoptive and stepparents, grandparents, siblings, children, and
grandchildren, and each of their respective spouses, regardless of where they
reside) or persons living in the same household (whether related or not) of any
of the above are not eligible to participate in this Program.
4. RELEASE: By participating in this Program,
participant agrees to release and hold harmless Sponsor, Administrator, Ketchum,
Inc. HMT Associates, Inc., Instagram and Meta Platforms, and their respective
parent companies, subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and offer suppliers, and each of their
respective officers, directors, employees and agents (collectively, the
“Released Parties”) from and against any claim or cause of action arising out
of participation in the Program, including but not limited to the receipt/non-receipt
or use /misuse of a Reward and all food and beverages consumed at the Reward
Event.
5. PUBLICITY:
By attending the Reward Event and signing the required film release, each
attendee agrees that Sponsor and/or Administrator may edit and use any Reward
Footage for marketing purposes in all media worldwide without limitation or
further compensation, notice or right of approval, unless prohibited by law. All
Reward Footage will be owned by Sponsor. Neither Sponsor nor Administrator has an
obligation to film/photograph Reward Footage or to use any Reward Footage that
is filmed/photographed.
6. GENERAL CONDITIONS: Sponsor reserves the
right to cancel, suspend and/or modify the Program, or any part of it, if any
fraud, technical failures, human error, or any other factor impairs the
integrity or proper functioning of the Program, as determined by Sponsor in its
sole discretion. If the Program is terminated prior to the stated end of the
Program Period, only those participants whose Reservations were confirmed as of
the date/time of termination will receive Rewards. Sponsor reserves the right
in its sole discretion to disqualify any individual it finds to be tampering
with the reservation process or the operation of the Program, generally, or to
be acting in violation of these Terms and Conditions or in a disruptive manner.
Any attempt by any person to deliberately undermine the legitimate operation of
the Program may be a violation of criminal and civil law, and should such an
attempt be made, Sponsor reserves the right to disqualify and seek damages from
any such person to the fullest extent permitted by law. Sponsor’s failure to
enforce any term of these Terms and Conditions shall not constitute a waiver of
that provision. All federal, state, and local laws apply to the Program.
7. LIMITATIONS
OF LIABILITY:
The Released Parties are not responsible for: (i) any incorrect or inaccurate
information, whether caused by participants, printing, human or other errors or
by any of the equipment or programming associated with or utilized in the
Program, including equipment and programming related to the OpenTable website
or app; (ii) technical failures of any kind, including, but not limited to
malfunctions, interruptions, or disconnections in phone lines or network
hardware or software related to any website; (iii) unauthorized human
intervention in any part of the registration process or the Program, generally;
(iv) technical or human error which may occur in the administration of the
Program or the processing of Reservations and/or notifications; or (v) any
injury or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from participation in the Program, including
but not limited to all food and beverages consumed at the Reward Event.
All Rewards
are provided “as is” without warranties or guarantees of any kind, express or
implied, in fact or in law, on the part of the Sponsor.
No more than one hundred (100) Rewards will be
distributed in this Program. If, due to a computer programming, human or other
error, more than one hundred (100) participants are notified that they have
qualified to receive a Reward, the one hundred (100) intended Rewards will be distributed
via a random drawing from among all recipients of such notifications.
8.
PRIVACY POLICY:
Information collected by Sponsor from all participants for Program purposes is
subject to the Sponsor’s Privacy Policy https://www.mondelezinternational.com/Privacy-Policy.
9.
WAIVER: By
participating in this Program, participants agree that: (i) any and all disputes, claims,
and causes of action arising out of or connected with this Program 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; (ii) any and all claims, judgments, and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Program but in no event attorneys' fees; and (iii) under no circumstances
will participants be permitted to obtain awards for, and participants (and
participants’ parents/legal guardians if participants are Minors) hereby waive
all rights to claim 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 Terms and
Conditions, or the rights and obligations of the participant (and participant’s
parent/legal guardian if participant is a Minor) and Sponsor in connection with
this Program, 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.
The invalidity or unenforceability of any
provision of these Terms & Conditions 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 Terms
& Conditions 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
Program-related materials or notifications and these Terms & Conditions,
these Terms & Conditions shall prevail, govern, and control.
10. SPONSOR: Mondelēz Global LLC, 100 Deforest
Ave., East Hanover, NJ 07936-2813.
11. PROGRAM
ADMINISTRATOR:
OpenTable, Inc. 1 Montgomery St Ste 700, San
Francisco, CA 94104.
All trademarks used herein are the property of their respective
owners.
All questions or complaints
regarding this Program must be directed to the Sponsor or Administrator only,
and not to Meta Platforms or Instagram.