belVita Drippiest Coffee Bar Ever
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 Meta
Platforms, Inc. Sponsor is not affiliated with Meta Platforms, Inc. in any way.
1. TO ENTER: belVita
Drippiest Coffee Bar Ever Sweepstakes
(the “Sweepstakes”), sponsored by
Mondelēz Global LLC (“Sponsor”), begins at approximately 9:00 a.m.
ET on September 4, 2024 and ends at 11:59 p.m. ET on
September 30, 2024 (the “Sweepstakes Period”).
Participation Requirements: A personal
Instagram account is required to participate; business or shared Instagram
accounts are not permitted. If you do not have an Instagram account, you may
open one for free at Instagram.com. When you create an Instagram 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 Instagram Terms of
Use as well as Meta Platforms, Inc.’s Privacy Policy (https://privacycenter.instagram.com/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.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period.
a.
Follow
@belVita on Instagram;
b.
Locate
the Instagram post posted by @belVita that advertises this Sweepstakes
(“Sweepstakes Post”);
c.
Comment
on the Sweepstakes Post with:
(1)
the
belVita breakfast biscuit flavor (Crunchy Blueberry, Crunchy Cranberry
Orange, Crunchy Chocolate, Crunchy Cinnamon Brown Sugar, Soft Banana Bread,
Crunchy Golden Oat, Oats & Chocolate, Pumpkin Spice, Dark Chocolate Crème,
Toasted Coconut, Cinnamon Brown Sugar with Vanilla Creme) and home coffee drink (e.g. coffee,
espresso, cold brew, etc.) you think would pair best together; and
(2)
“at mention” (with permission) one (1) friend
with whom you have a personal relationship (collectively, your “Comment”).
NOTE: Aside from
including a belVita breakfast biscuit flavor, your Comment need not include any
reference or image, positive or negative, to Sponsor’s products or services and
including such a reference or image will not improve your chance of winning. Your
Comment must also
comply with the Guidelines and Content Restrictions stated below; and
d.
There is no requirement that your Instagram account 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
that we can communicate with you if you are selected as a potential winner.
Guidelines and Content Restrictions for all
Comments:
· Your Comment must be in
English;
· Your Comment must be
your original work, created only by you;
· Your Comment 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, Instagram handles or any references to any
other individuals in your Comment 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;
· Your Comment 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 Comment 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 belVita products, which are optional),
music, images or artwork;
· Your Comment must not
disparage Sponsor or its products or services or any other product, person or
party;
· Your Comment 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 Comment 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 Comment 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 Comment must not
contain any personal identification, such as license plate numbers, personal
names of individuals other than entrant without permission, e-mail addresses or
street addresses; and
· Your Comment must not
contain material that is unlawful, in violation of, or contrary to the laws or
regulations in any jurisdiction where your Comment is created.
Should your Comment meet all of the above
requirements, you will receive one (1) Entry into the Sweepstakes. Comments
will not be judged. Comments that violate any of the above Entry
Requirements or Guidelines and Content Restrictions will be
disqualified. POSTED COMMENTS 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.
Entry Limit: You may enter one (1)
time during the Sweepstakes Period. 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 described
in Section 4, below. In the event of a dispute as to the identity of an
entrant, Sponsor and Administrator will rely on entrant’s Instagram handle and
other information included in their Instagram account profile. If additional
information provided by entrant to claim the prize is inconsistent with the
Instagram account used to enter, Sponsor and/or Administrator may disqualify
such entrant and such disqualification may result in the forfeiture of any
prizes won. Sponsor, in its discretion, may request additional documentation
from entrant to confirm entrant’s identity.
2. SPONSOR’S USE OF ENTRIES: Posting a Comment
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 Comment, 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 Comment. 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 Comment by Sponsor or its licensees, and further waives any “Moral Right
of Authors” (Droit Moral) in the
Comment.
3. ELIGIBILITY: The Sweepstakes is open
to legal residents of the fifty (50) United States, the District of Columbia
(“D.C.”), and Puerto Rico (“PR”), who are eighteen (18) years of age or older
at time of entry. The respective employees, officers and directors of the Sponsor,
Merkle Inc. (“Administrator”), Ketchum, Inc.,
Vayner Media, , HMT Associates, Inc. and the respective parent companies, affiliates, subsidiaries and
agencies of each of the foregoing (collectively the “Promotion
Parties”), and members of the 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 fifty (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 winners. Administrator will select one
hundred and two (102) potential prize winners in a random drawing from all
Entries received during the Sweepstakes Period on or around October 4, 2024. Each potential winner will be notified by Sponsor’s
@belVita account via direct message on Instagram after the date of the drawing
and will be directed to a secure website where potential winners 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. The potential Grand Prize winner (or their
parent/legal guardian if winner is a Minor) will next be required to sign and
return a Declaration of Compliance, Liability Waiver and where not prohibited a
Publicity Release ("Declaration"), which must be received by
Administrator within three (3) days of the date notice or attempted notice is
sent, in order to claim the prize. The Declaration document will be sent to
the potential winner by email from Administrator. If a potential winner cannot
be contacted,
or a prize or prize notification is returned as undeliverable, or if the potential Grand Prize winner (or
their parent/legal guardian if winner is a Minor) fails to sign and return the
Declaration or provide any other 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 applicable
prize will not be awarded if it remains unclaimed. Each prize will be awarded
provided it is claimed properly in accordance with these Official Rules.
Receiving a prize is contingent upon compliance with these Official Rules.
5. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) AND
ODDS: One
hundred and two (102) prizes will be awarded, as follows:
ONE (1) GRAND PRIZE: One (1) coffee bar
prize package consisting of:
· One (1) coffee
bar/sideboard;
· One (1) touch-screen espresso
machine with milk frothing;
·
Two
(2) coffee syrup dispensers (syrup not included);
·
Four
(4) coasters;
·
Four
(4) napkins;
·
One
(1) coffee mug tree;
·
Six
(6) coffee mugs;
·
One
(1) neon sign;
·
One
(1) mini tabletop chandelier;
·
Six
(6) gold snack plates;
·
One
(1) one-year subscription to a coffee delivery service (awarded as one (1) 12
oz. bag per month for twelve (12) months, twelve (12) bags in total); and
· belVita breakfast
biscuits for a year (awarded as one (1) 4-pack of biscuits per day for 365
days), delivered in four (4) total shipments, one (1) shipment to be made every
three (3) months until fulfilled. Biscuit flavors to be selected by Sponsor in
its sole discretion.
Total ARV of Grand
Prize: $4,093.00.
ONE HUNDRED AND ONE (101) FIRST PRIZES: One (1) prize package
consisting of one (1) coffee tumbler and one (1) 5-count box of belVita
breakfast biscuits, as selected by Sponsor in its sole discretion. ARV: $17.00
each.
Odds of winning a prize will depend on the
number of eligible Entries received during the Sweepstakes Period.
For All Prizes: 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)
for one of equal or greater value if an advertised prize (or portion thereof)
becomes unavailable. Prizes will be shipped to winners’ home mailing addresses
within approximately 8-10 weeks following the conclusion of the Promotion and
verification of all winners. Winners acknowledge that all prizes are
awarded “as is” and that Released Parties (as defined in Section 6, below) 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. Total ARV of
all prizes is $5,810.00. Limit: One (1) prize household.
6. RELEASE: 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., 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,
cause of action and liability arising out of participation in the Sweepstakes, including,
but not limited to, personal injury, death, or damage to or loss of property,
third party claims involving the right to privacy, right of publicity, or
intellectual property infringement, or receipt, redemption, use or misuse of
any prize
(as 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, Instagram account handle, Comment/Entry, 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.
7. GENERAL RULES: Sponsor reserves the
right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical
failures, human error, or any other factor impairs the integrity or proper
functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control
(e.g. events such as natural calamities, national emergencies, wide spread
illnesses, declarations of war, acts of God, acts of terrorism) interferes with
any aspect of the Sweepstakes, including but not limited to fulfillment of the
prize(s), as determined by Sponsor in its sole discretion. In such event,
Sponsor, in its sole discretion, may elect to hold a random drawing from among
all eligible entries received up to the date of discontinuance. Sponsor
reserves the right, in its sole discretion, to disqualify any individual it
finds to be tampering with the entry process or the operation of the
Sweepstakes, including but, not limited to submitting fraudulent entries, or to
be acting in violation of the Official Rules of this or any other promotion
offered by Sponsor or in an unsportsmanlike or disruptive manner. Any attempt
by any person to deliberately undermine the legitimate operation of the
Sweepstakes may be a violation of criminal and civil law, and, should such an
attempt be made, Sponsor reserves the right to seek damages from any such
person to the fullest extent permitted by law. Sponsor’s failure to enforce any
term of these Official Rules shall not constitute a waiver of that provision.
In no event will more prizes than are stated in these Official Rules be
awarded. If, for any reason, more prize notifications are sent (or more claims
are received) than the number of prizes offered, as set forth in these Official
Rules, Sponsor reserves the right to award the intended number of prizes
through a random drawing from among all eligible prize notifications/claims
received. 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. Limitations
of Liability:
The Released Parties are not responsible for: (a) any incorrect or inaccurate
information, whether caused by printing errors or by any of the equipment or
programming associated with or utilized in the Sweepstakes or provided by
entrants; (b) technical failures of any kind, including, but not limited to,
malfunctions, interruptions, or disconnections to the internet, in phone lines,
social media platforms, or network hardware or software; (c) unauthorized human
intervention in any part of the Sweepstakes, including, but not limited to, the
entry process; (d) technical or human error which may occur in the
administration of the Sweepstakes, including, but not limited to, the
processing of entries; (e) late, lost, undeliverable, damaged or stolen mail;
or (f) lost, late, unreceived, damaged, incomplete, invalid, un-intelligible,
garbled, delayed or misdirected Entries or failure to receive Entries due to
limitation of third-party social network platforms. If for any reason an
entrant's Entry is confirmed to have been erroneously deleted, lost, or
otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the
Sweepstakes, if it is possible.
9. 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 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.
10. Entrant's Personal
Information: Information collected
from entrants is subject to Sponsor’s Privacy Policy.
11. WINNER INFOrmation: For the name of the Grand Prize winner,
please click HERE. The winner’s name
will be posted after winner confirmation is complete.
12.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
13. 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.