Chips Ahoy! MMMproved
Getaway Sweepstakes
OFFICIAL RULES
NO PURCHASE OR SCAN
NECESSARY.
A PURCHASE OR SCANNING WILL NOT IMPROVE YOUR CHANCE OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50
UNITED STATES, D.C. AND PUERTO RICO,
13 YEARS AND OLDER.
The
Sweepstakes is no way sponsored, endorsed, administered by, or associated with
Meta Platforms, Inc., Facebook, Inc. or Instagram, Inc. Meta Platforms, Inc.,
Facebook Inc., and Instagram Inc. are not affiliated with Sponsor in any way.
1. TO ENTER: Chips
Ahoy! MMMProved Getaway Sweepstakes (the
“Sweepstakes”), sponsored by Mondelēz Global LLC (“Sponsor”), begins
at approximately 12:00 a.m. ET on March 20, 2024 and ends at 11:59 p.m. ET on
May 31, 2024 (the “Sweepstakes Period”).
Participation Requirements: An individual,
personal Facebook and/or Instagram account (each, a “Social Account”) is
required to participate. If you do not have a Facebook or Instagram account,
you may open one for free at Facebook.com or Instagram.com. 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
applicable Terms of Service and Privacy Policy (Facebook Terms of Service and Privacy
Policy; 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 Social Account to participate.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period on the applicable Social
Platform.
(a) Entry Requirements for Entering on
Facebook:
(1)
Follow
Chips Ahoy! on Facebook;
(2)
Locate
the Facebook post posted by Chips Ahoy! that advertises this Sweepstakes
(herein “Facebook Sweepstakes Post”);
(3)
Comment
on the Facebook Sweepstakes Post with the hashtag #chipsahoygetaway (your
“Facebook Comment”). Your Facebook Comment need not include any
reference, positive or negative, to Sponsor’s products or services. Including
such a reference will not improve your chance of winning. Your Facebook Comment must also comply with the Guidelines
and Content Restrictions stated below; and
(4)
There is no requirement that your Facebook account is
public. However, you must keep the same Facebook account during the Sweepstakes
Period and until the prizes are awarded (as described in Section 4, below) so
that we can communicate with you if you are selected as a potential winner.
Should your Facebook
Comment meet all requirements, you will receive one (1) “Entry” into the
Sweepstakes. Facebook Comments will not be judged.
(b) Entry Requirements for Entering on
Instagram:
(1)
Follow
@chipsahoy on Instagram;
(2)
Scan
the quick response (“QR”) code located on Sweepstakes-related signage or other
marketing materials with your mobile device, or to enter without scanning, go
to Instagram and locate @chipsahoy’s pinned post that advertises this
Sweepstakes (herein “Instagram Sweepstakes Post”);
(3)
Comment
on the Instagram Sweepstakes Post with the hashtag #chipsahoygetaway (your
“Instagram Comment”). Your Instagram Comment need not include any
reference, positive or negative, to Sponsor’s products or services. Including such a reference will not improve your chance
of winning. Your Instagram Comment
must also comply with the Guidelines and Content Restrictions
stated below; and
(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) so
we may communicate with you if you are selected as a potential winner.
Should your Instagram
Comment meet all requirements, you will receive one (1) Entry into the
Sweepstakes. Instagram Comments will not be judged.
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 need not include any reference, positive or
negative, to Sponsor’s products. Including such a reference in your
Entry/Entries will not improve your chances of winning;
·
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;
·
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. 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);
·
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.
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, BELOW) IN ANY MANNER. ANY ENTRY/ENTRIES THAT, IN THE SOLE OPINION OF
THE PROMOTION PARTIES, IS/ARE DEEMED TO BE INAPPROPRIATE FOR PUBLICATION OR
INCLUSION IN THE SWEEPSTAKES FOR ANY REASON WILL BE DISQUALIFIED.
Entry Limit: You may enter one (1)
time on Facebook and one (1) time on Instagram during the Sweepstakes Period. 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. All Entries must
be received during the Sweepstakes Period to be eligible for inclusion in the
prize drawing described in Section 4, below. In the event of dispute as to the
identity or eligibility of the 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 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,
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 thirteen (13) years of age or older at time of
entry. The respective employees, officers and directors of the Sponsor, Merkle Inc. (“Administrator”), HMT Associates, Inc.,
Digitas, 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 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 winner. Administrator will select one (1)
potential prize winner in a random drawing from all Entries received during the
Sweepstakes Period via Facebook and Instagram, combined, on or around June 3,
2024. The potential winner will be notified by Sponsor
via direct message on the Social Platform they used to enter 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 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 prize. If the 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. If the potential winner is not a Minor,
the potential winner 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 the potential winner or potential winner’s
parent/legal guardian (if applicable) cannot be contacted, or the prize or prize
notification is returned as undeliverable,
or if the potential winner or potential winner’s parent/legal guardian (if
applicable) fails to provide the requested information within the required time
period, or if the potential winner
is deemed ineligible to receive the prize for any reason, the 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. The prize will be
awarded provided it is claimed properly in accordance with these Official
Rules.
Odds of winning the prize will depend on the
number of eligible Entries received during the Sweepstakes Period via Facebook
and Instagram combined. Receiving the
prize is contingent upon compliance with these Official Rules.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize
will be awarded, as follows:
ONE (1) GRAND PRIZE: A four (4) day/three
(3)-night trip for four (4) (winner and three (3) guests) to Malibu CA,
arriving on Monday, August 12, 2024 and departing on Thursday, August 15, 2024
(“Sponsor Designated Dates”). Trip consists of roundtrip coach class air travel
for four (4) (winner and three (3) guests) from a major airport nearest the
winner's residence (as determined by Sponsor) to Los Angeles, CA on Sponsor
Designated dates in 2024; 4-day/3-night accommodations in a four (4) bedroom
house in Malibu, CA; a rental car for length of stay; one (1) activity
allowance of $500.00, awarded as a check (Sponsor to provide recommendations,
winner responsible for booking); one (1) picnic dining experience for winner
and three (3) guests (all details determined by Sponsor in its sole discretion)
and four (4) gift bags (for winner and three (3) guests), contents determined
by Sponsor in its sole discretion.
Sponsor will also provide winner a single cash
payment in the form of a check, which is intended to assist the winner with any
federal, state, or other tax obligations related to the Grand Prize. This
payment will be $5,168.00. The Grand Prize winner’s actual tax liabilities
related to the Grand Prize could exceed this amount. The Grand Prize
winner is solely responsible for all applicable federal, state, or other tax
obligations related to the Grand Prize. Sponsor will not provide any
further assistance toward the winner’s tax obligations.
If winner does not meet requirements for rental
car, that portion of the prize will be forfeited in its entirety and no
compensation will be provided in lieu of it. Fights are subject to
availability. Travel must be round trip. Sponsor will determine airline and
flight itinerary in its sole discretion. No refund or compensation will be made
in the event of the cancellation or delay of any flight. Travel is subject to
the terms and conditions set forth in this Sweepstakes, and those set forth by
the Sponsor’s airline carrier of choice as detailed in the passenger ticket
contract. All expenses and incidental travel costs not expressly stated in the
prize package description above, including but not limited to, additional
ground transportation, meals, incidentals, gratuities, passenger tariffs or
duties, airline fees, surcharges, airport fees, service charges or facility
charges, personal charges at lodging, security fees, taxes or other expenses
are the responsibility solely of winner. Unless child or legal ward of winner,
travel companions must be eighteen (18) years of age or older (or the age of
majority in the jurisdictions in which they reside if majority age is greater
than 18) as of the date of departure. If a winner is a Minor, at least one (1)
travel companion must be winner’s parent/legal guardian. Travel companions must
execute liability/publicity releases prior to issuance of travel documents as a
condition of accompanying winner on trip. Travel restrictions, conditions and
limitations may apply. By traveling and participating in trip prize, winner
and winner’s guests voluntarily assume all risks related to exposure to
COVID-19. Winner and travel companions are responsible for complying with
any COVID-19 requirements set forth by airline, rental car vendor, hotels,
excursion and event venues or other vendors offering services that are part of
the trip prize. Failure to comply with any required COVID-19 requirements may
result in forfeiture of the prize or elements of the prize. Forfeiture of any
aspect of the trip due to failure to meet these requirements will not impact
the value of the trip as reported on an IRS Form 1099. If in the judgment of
Sponsor air travel is not required due to winner’s proximity to Malibu, CA,
ground transportation will be substituted for round trip air travel at
Sponsor’s sole discretion. No compensation will be awarded for the difference
in value. Sponsor will not replace any lost, mutilated, or stolen
tickets, travel vouchers or certificates. Sponsor is not responsible if any
event is delayed, postponed or cancelled for any reason, in which case that
portion of prize is forfeited in its entirety and no substitution will be
provided except as in Sponsor’s sole discretion. Approximate Retail Value
(“ARV”) of Grand Prize: $22,395.00. Actual value may vary based on airfare
fluctuations and distance between departure and destination. Winner will not
receive difference between actual and approximate retail value (if any).
Prize is
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 the prize (or portion thereof) for one of equal or
greater value if the advertised prize (or portion thereof) becomes unavailable.
Total ARV of all prizes is $22,395.00.
No more than one (1)
prize will be awarded for any reason. If more than one (1) prize notification
is issued, the one (1) intended prize will be awarded in a random drawing from
among all recipients of such notifications.
6. GENERAL RULES: By entering the 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., Facebook, Inc., Instagram, Inc., their respective parents,
subsidiaries, affiliates, promotion agencies and agents, and each of their
respective directors, officers, employees and assigns (the “Released Parties”),
harmless from and against any and all claims and liability arising out of
participation in the Sweepstakes or use or redemption of the prize (if
applicable). Acceptance of the 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 the winner. 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 prize
will be awarded by random drawing from among all eligible, non-suspect Entries
received as of the date/time of termination via both Social Platforms combined.
All federal, state and local laws apply.
The Grand Prize winner (or winner’s parent or
legal guardian if winner is a Minor) acknowledges that the prize is awarded “as
is” and that Released Parties have not made, and are not in any manner
responsible or liable for, any representation, guarantee or warranty, express
or implied, in law or in fact, relative to the prize or any portion thereof,
including, but not limited to its quality, mechanical condition or fitness for
a particular purpose.
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 the prize 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. WINNER’S Name: For the name of the winner, please click HERE. The winner’s name 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., Facebook, Inc.
or Instagram, Inc.