Holiday OREO Allowance
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 Meta
Platforms, Inc., Instagram, Inc., or X Corp. Meta Platforms, Instagram, Inc.
and X Corp are not affiliated with Sponsor in any way.
1. TO ENTER: Holiday OREO Allowance (the “Sweepstakes”), sponsored by
Mondelēz Global LLC (“Sponsor”), begins at approximately 10:00 a.m.
ET on November 1, 2023 and ends at 11:59 p.m. ET on November 17, 2023 (the
“Sweepstakes Period”) and consists of two (2) “Entry Periods” as set forth in
the table below.
|
ENTRY
PERIOD |
Starts at |
Ends at |
Approximate Drawing Date |
Number of prizes |
|
1 |
November
1, 2023 at 10:00 a.m. ET |
November
9, 2023 |
November
10, 2023 |
75 |
|
2 |
November
10, 2023 at 12:00 a.m. ET |
November
17, 2023 |
November
20, 2023 |
25 |
Non-winning entries from Entry Period 1 will be
included in the Entry Period 2 drawing. X (formerly know
as Twitter) and Instagram’s servers are the official time-keeping devices for
the Sweepstakes.
Participation Requirements: An individual,
personal, public Instagram and/or X account (each, a “Social Account”) is
required to participate. If you do not have an Instagram or X account, you may
open one for free at Instagram.com or Twitter.com, respectively. When you create a Social Account, 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 applicable Terms of Service
and Privacy Policy (Instagram Terms of
Use and Privacy
Policy; and/or X Terms of Service 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 Social Account to participate.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period on the applicable Social
Platform.
(a)
Follow
@OREO on the Social Platform used to enter;
(b)
Post
a photo to Instagram or X showing your early holiday decorating and include #HolidayOREOAllowance
and #OREOSweepstakes in the original caption
to your post (your “Entry”). NOTE: Retweets, post to Instagram
Stories and posts where the hashtags are included in a comment rather than the
caption of the original post will not be deemed Entries.
· Your post need not
include any reference or image, positive or negative, related to Sponsor’s
products or services. Including such a reference or image will not improve your
chance of winning. Your post must also comply with the Guidelines and Content
Restrictions stated below;
(c)
Your
account settings must be public when you post, and remain public until all
prizes are awarded (as described in Section 4, below); and
(d)
You must keep the same Instagram/X handle once you
post to enter this Sweepstakes until the prizes are awarded (as described in
Section 4, below) so we may communicate with you if you are selected as a
potential winner.
Guidelines and Content Restrictions for all
Entries:
· Your Entry/Entries must
be in English;
· Your Entry/Entries must
meet the applicable Social Platform’s format and size requirements;
· Your Entry/Entries must
be your original work, created only by you;
· Your Entry/Entries must
not convey any claims of Sponsor’s products or services that would be deemed
unsubstantiated or deceptive if made by Sponsor (Note: Sponsor’s
products/services need not be included in an Entry);
·
You must have permission
to include the names, likenesses or any references to other individuals in your
Entry/Entries and to grant the rights set forth in Section 2, below. If
requested, entrant must be able to provide such permissions in a form
acceptable to Sponsor. You should only include minors in your Entry/Entries if they are your
children/legal wards;
· Your Entry/Entries must
not mention and/or prominently display material that violates or infringes
another’s rights, including but not limited to privacy, publicity or
intellectual property rights, or that constitutes copyright infringement.
o
Therefore your Entry/Entries must not contain
content created by a third party, such as logos (including, but not limited to,
the logos of sports teams or brands), branded products (other than Sponsor’s
products, which are not required), music, images or artwork;
· Your Entry/Entries must
not disparage Sponsor or its products or services or any other product, person
or party;
· Your Entry/Entries must
not promote or reference alcohol, marijuana, illegal drugs, tobacco,
firearms/weapons, any activities that may appear unsafe or dangerous, or any
particular political agenda or message;
· Your Entry/Entries must
not contain material that is inappropriate, offensive, indecent, obscene,
sexually explicit or suggestive, tortious, defamatory, slanderous or libelous
in the opinion of the Administrator (as defined in Section 3, below) or the Sponsor;
· Your Entry/Entries must
not contain material that promotes bigotry, racism, violence, hatred or harm
against any group or individual or is derogatory or promotes discrimination of
any ethnicity, race, gender, religion, nationality, disability, sexual
orientation, profession or age;
· Your Entry/Entries must
not contain any personal identification, such as license plate numbers,
personal names of individuals other than entrant, e-mail addresses or street
addresses; and
· Your Entry/Entries must
not contain material that is unlawful, in violation of, or contrary to the laws
or regulations in any jurisdiction where your Entry/Entries is/are created.
By posting content on Instagram or X that
conforms to all of the above requirements, you will receive one (1) Sweepstakes
Entry. Entry Limit: You may enter one (1) time on Instagram and one
(1) time on X during the Sweepstakes Period.
POSTED ENTRIES
REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT
THE VIEWS/OPINIONS OF any of the Promotion Parties (AS DEFINED IN SECTION 3) IN
ANY MANNER. ANY ENTRY/ENTRIES THAT, IN THE SOLE OPINION OF THE PROMOTION
PARTIES (AS DEFINED IN SECTION 3), IS/ARE 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/Entries 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 all of that individual's
Entries and that individual will be disqualified. Entries must be received by
the dates set forth in the table in this Section 1, above, to be eligible for
inclusion in the prize drawing for the applicable Entry 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
Social 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 a Social
Account by the
applicable Social Platform.
2. SPONSOR’S RIGHTS IN AND USE OF ENTRIES: Posting an
Entry/Entries 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/Entries, including but not limited
to the photos posted by entrants as part of their Entry, in whole or in part,
on a worldwide basis, and to incorporate it/them 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/Entries. 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/Entries by Sponsor or its licensees, and further
waives any “Moral Right of Authors” (Droit
Moral) in the Entry/Entries.
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 Merkle Inc. (“Administrator”), 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
seventy-five (75) potential Sweepstakes winners in a random drawing from all
Entries received during Entry Period 1 via Instagram and X, combined, on or
around November 10, 2023. On or around November 20. 2023, Administrator will
select twenty-five (25) potential Sweepstakes winners in a random drawing from
all Entries received via Instagram and X, combined, during Entry Period 2, and
all non-winning Entries received in Entry Period 1.
Each
potential winner will be notified by Sponsor via direct message on the Social
Platform they used to enter after the date of the applicable Entry Period
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
and, if the winner is a Minor, they will be required to provide the first and
last name and email address of their parent or legal guardian, within three (3)
days of the date notice or attempted notice is sent in order to claim the
applicable prize. If any potential winner is a Minor, a parent or legal
guardian of Minor will be required to complete and return a Declaration of
Compliance, Liability Waiver and, where not prohibited, a Publicity Release
(“Declaration”) within four (4) days of the date the Declaration is issued to
claim the prize on behalf of their child/legal ward. All other potential Grand
Prize winners will be required to sign and return a Declaration, which must be
received by Administrator within four (4) days of the date the Declaration is
issued. If a potential winner or potential winner’s parent/legal guardian (if
applicable) cannot be contacted, or a prize is returned as undeliverable, or if a potential winner or potential
winner’s parent/legal guardian (if applicable) 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 for the applicable
Entry Period. 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 for Entry Period 1 will
depend on the number of eligible Entries received during that Entry Period via
Instagram and X, combined. Odds of winning a prize for Entry Period 2 will
depend on the number of eligible Entries received during that Entry Period via
Instagram and X, combined, and the number of non-winning Entries from Entry
Period 1. Receiving a prize is contingent
upon compliance with these Official Rules. Limit: One (1) prize per
person.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
One
Hundred (100) Grand Prizes (a/k/a “Allowances”) will be awarded as follows:
ONE HUNDRED (100) GRAND PRIZES (seventy-five
(75) to be awarded to Entry Period 1 entrants, twenty-five (25) to be awarded
to Entry Period 2 entrants): A “Welcome Kit” Prize package consisting of (a) one (1)
$1,000 prepaid card; (b) one (1) package of OREO JOY chocolate sandwich
cookies; (c) one (1) package of original OREO chocolate sandwich cookies; and
(d) one (1) OREO branded yard sign. ARV of each Grand Prize: $1,017.00.
Note: Your use of the prepaid card is governed by
the Cardholder Agreement, and some fees may apply. This is not a gift card. Please
note that prepaid cards are subject to expiration, so play close attention to
the expiration date of the card. Sponsor makes no representation, warranty or
guarantee of any kind with respect to the prepaid card or its use.
For All Prizes: All flavors, features
and details of items in each prize package are 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 3-10 weeks following verification of each winner’s
eligibility and compliance with these Official Rules. Total ARV of all
prizes is $101,700.00
No more than the
stated number of prizes will be awarded for any reason. If the number of prize
notifications issued for either Entry Period exceeds the stated number of
prizes for that Entry Period, the intended number of prizes will be awarded in
a random drawing 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 the Sweepstakes, entrants (and
their parents/legal guardians if entrants are Minors) further agree to release
and hold Promotion Parties, Meta Platforms, Inc., Instagram, Inc., X Corp.,
their respective parents, subsidiaries, affiliates, promotion agencies and
agents, and each of their respective directors, officers, employees and
assigns, 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 to
the Promotion Parties to use winner’s name, Social Account handle, likeness
(and biographical information) and photograph (including, without limitation,
winner's Social Account 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
any Social Platform’s equipment or programming, or by any human or other error
which may occur in the transmission, receipt or processing of any 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 applicable Entry Period, the prizes for
that Entry Period will be awarded by random drawing from among all eligible,
non-suspect Entries received as of the date/time of termination for the
applicable Entry Period via both Social Platforms 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. WINNERS LIST: For a winner list, please 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 Meta Platforms, Inc., Instagram, Inc.
or X Corp.