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OREO Limited Edition S’mores Cookies– “S’mores On The Go”
Sweepstakes Official Rules

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE STATE AND FEDERAL LAW.  DO NOT PROCEED IN THIS SITE IF YOU ARE NOT LOCATED IN ONE OF THE 50 UNITED STATES OR D.C.

 

INTERNET ACCESS AND A VALID E-MAIL ADDRESS ARE REQUIRED.

 

OREO Limited Edition S’mores Cookies – “S’mores On The Go” (the “Promotion”) starts May 6th, 2019 at 11:00:00 am U.S. Eastern Time (“ET”) and ends June 10th, 2019 at 11:00 a.m. ET (“Promotion Period”).

 

Eligibility:

Promotion is open to residents of the fifty (50) United States and the District of Columbia (“D.C.”), who are at least 18 years of age (at least nineteen (19) if a resident of AL or NE).  Employees, officers, and directors of Mondelēz Global, LLC., Instagram, radio station partners, TMPG (“Sponsor” & “Judges”) and their respective parent companies, subsidiaries, affiliates, promotion and advertising agencies, other companiesinvolved in the design, execution or fulfillment of this Promotion, and members of the immediate families (defined as spouse, parent, sibling or child, and their respective spouses, regardless of where they reside) and persons living in the same household (whether related or not) of any of the above, are not eligible to enter or win. Void outside the fifty (50) United States/D.C. and where prohibited by lawPromotion is subject to all applicable federal, state and local laws. By participating, you agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

 

This Promotion is in no way sponsored, endorsed, or administered by Instagram, LLC (“Instagram”). Instagram is not affiliated with the Sponsor in any way.

 

How to Enter:

 

To Enter Via Instagram: During the Promotion Period, you will have to follow @OREO on Instagram (Instagram.com) and share your photo of how you’re enjoying your epically delicious summer with a pack of OREO Limited Edition S’mores Cookies on Instagram, tagging @OREO and using the hashtags #SmoresOnTheGo and #Sweepstakes for a chance to win.Entries will not be judged. The hashtag and handle must be used to be eligible. The photo will also be referred to herein as your “entry”.

 

An Instagram account is required to enter via this entry method and can be opened for free at Instagram.com. When you join Instagram, you are indicating that you have read and agree to accept the Instagram Terms of Service and Privacy Policy.  If you already have an Instagram account, you will have to sign into your account and become a follower of @OREO. Your Instagram account must be set to “public” in order for your entry to be included in the Promotion. You can make your Instagram account “private” any time after the conclusion of the Promotion when the winner is announced. All entries must be received during the Promotion Periodto be eligible. Entries will not be returned. If any individuals other than entrant are mentioned or shown in the entry, entrant must have the permission of such individuals (or their parent’s or legal guardian’s permission if individuals are minors, or if required by law) to use their names or images in the entry.  Proof of such permission may be required at Sponsor’s discretion.

 

To Enter Free Via Postal Mail: As an alternative method of entry, you may enter the Promotion by hand-printing your full name, postal address (including city, state and zip code), daytime telephone number, date of birth, and e-mail address (if applicable) on a 3 ½” x 5” card or paper and mailing it in an envelope with proper postage affixed to: OREO Limited Edition S’mores Cookies– “S’mores On The Go” Sweepstakes Entry, 711 Westchester Ave, Suite 102, White Plains, NY 10604.  Entries must be postmarked by June 10th,2019and received no later than June 17th, 2019. If properly submitted and received, your mail submission will be referred to herein as your “entry”.

 

Limit one (1) entry per person/Instagram account (as applicable) for the entire Promotion Period. Multiple entries received from any person or Instagram account in excess of the stated limitation will be void and the responsible entrant will be disqualified.

 

Any attempt by any individual to exceed the above-indicated entry limit by using multiple/different e-mail or IP addresses,postal addresses, identities, or any other methods will void all that individual’s entries and that individual will be disqualified. Use of any automated program or like means to submit an entry will result in disqualification. Sponsor, Mondelēz Global, LLC,Sponsor’s radio station partners, Instagram, and their respective affiliated companies are not responsible for late, lost, garbled/illegible, misdirected, incomplete, postage-due or invalid entries or mail, all of which are void and will not result in Promotion entry. Proof of transmission of an entry does not constitute proof of receipt of same by Sponsor. In the event of dispute as to the identity or eligibility of potential winner if he/she entered via Instagram, the winning entry will be declared made by the “Authorized Account Holder” of the Instagram account used to enter the Promotion provided he/she is 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/In the event of dispute as to the identity or eligibility of potential winner if he/she entered via postal mail, the winning entry will be declared made by the person named on the submitted entry provided he/she is eligible according to these Official Rules.

 

Use of a mobile device to submit post/entry may result in the imposition of charges by your wireless carrier. You are therefore advised to consult your wireless rate plan PRIOR TO using a mobile device to submit your entry.  Wireless internet access and/or text messaging capacity is not available on all mobile devices or wireless carriers or in all areas. If you choose to enter using your mobile device, standard messaging and data fees may applyto use of mobile device for Sweepstakes entry. A mobile device is not required to enter the Promotion.

 

By submitting an entry via Instagram, you represent and warrant that:

(a) entry is solely your original work product (DO NOT post another’s person’s creation);

(b) entry does not infringe upon the rights of any third party;

(c) entry has not been previously published or won any award in a contest, sweepstakes or other competition;

(d) entry is truthful in all material respects;

(e)the other participants depicted in the entry, if any, have given written consent to its entry into the Promotion and use as contemplated by these Official Rules; and

(f) entry complies with all photo requirement and content restrictions set forth in these Official Rules.

 

Entry will be disqualified and Sponsor may take all actions it deems necessary and appropriate to protect its rights (including petitioning Instagram to have the entry removed), if Sponsor determines in its sole discretion that entry:

(a) is inappropriate or unfit for publication (e.g., includes hate speech or obscenity, or is otherwise objectionable as determined by Sponsor in its discretion);

(b) reflects adversely upon and could damage the goodwill and business reputation of Sponsor, Mondelēz Global, LLC., the OREObrand or any other entity associated with the Promotion;

(c) violates the rights of any third party, including but not limited to infringement of a party’s trademark, copyright or other intellectual property rights, privacy or publicity rights, is libelous or defamatory; or

(d) advocates alcohol or drug use, violent activity or illegal conduct of any kind.

The above list is not meant to be exhaustive. Sponsor may disqualify an entry submitted via Instagram if it deems the entry inappropriate for inclusion in the Promotion for any reason.

 

POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR MONDELĒZ GLOBAL, LLC.IN ANY MANNER.

 

Subject only to the rights reserved by Instagram as operator of its social network, entrant grants to Sponsor and its designees (including MondelēzGlobal, LLC.) the non-exclusive, irrevocable, perpetual, royalty-free, universal license to use, copy, sublicense, transfer, transmit, distribute, publicly perform, publish, edit, delete or display such entry, or any portion thereof, in any and all distribution channels, venues or media now known or hereafter devised, including, but not limited to, all forms of television and all forms of internet and wireless protocol without limitation and without any further notice, right of approval or compensation. Each entrant authorizes the Sponsor and its designees (including Mondelēz Global, LLC.) to utilize, in perpetuity and in any manner they see fit, the entry and to make derivative works from such entry. Each entrant agrees that the products of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Parties and their assignees and licensees shall have no obligations whatsoever to entrant. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without compensation, limitation or further obligation to entrant. Entrant hereby agrees that he/she will not be paid or compensated for any such use of his/her entry by Sponsor or its designees (including Mondelēz Global, LLC). Entrant further waives any “Moral Right of Authors” (Droit Moral) in the entry.

 

 

Prize Drawing:

One (1) prize winner will be selected in a random drawing held from among all eligible entries received during the Promotion Period through both entry methods combined. For the avoidance of doubt, provided that it is eligible under these Official Rules, the content of an Instagram entry will have no bearing on the winner selection process. The drawing will be conducted by Judges, on or about June 21st, 2019.

 

Prize, Odds of Winning and Winner Notification:

Only one (1) Prize will be awarded. The verified Prize winner will receive one (1) $500 American Express® Gift Card*.

TOTAL Approximate Retail Value (“ARV”): $500.

 

*(Used for prize identification purposes only; no endorsement/sponsorship is intended or implied.)

     

Use of gift card is subject to terms/conditions indicated thereon which may include expiration

date (where lawful). Winner is solely responsible for any applicable federal, state, and local income taxes and all unspecified expenses or fees associated with prize acceptance, receipt and use. No substitution, assignment, or transfer of prize permitted, except by Sponsor, who reserves the right to substitute prize with another prize of equal value if advertised prize cannot be awarded as stated for any reason. Prize cannot be redeemed or exchanged for cash by winner (except where required by law). Prize will be awarded provided it is claimed properly in accordance with these Official Rules.

 

In the event that the potential prize winner cannot be contacted, or prize is returned as undeliverable, potentialwinner forfeits prize without compensation. In the event that potential prize winner is disqualified for any reason, potential winner forfeits prize. In the event of prize forfeiture, an alternate winner will be selected in a random drawing from all remaining eligible entries received for the drawing through both entry methods combined.

 

Sponsor’s decisions are final and binding on all matters relating to this Promotion.  If potential winner entered via Instagram, he/she will be followed by @OREO and will receive a personal direct message on Instagram from @OREO asking him/her to submit the information required for verification of eligibility and prize fulfillment. If potential winner unfollowed @OREO after entering Promotion, @OREO will also ask potential winner to re-follow @OREO in order to receive personal direct message.Potential winner must then respond to direct message with all requested prize claim information (including but not  limited to full name, date of birth, complete mailing address and e-mail address) within a time period specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner.

 

If potential winner entered viaPostal Mail, he/she will be contacted by phone, postal mail and/or email, and will be required to provide all requested prize claim information (including but not  limited to full name, date of birth, complete mailing address and e-mail address) within a time period specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner.

 

Prize will be shipped by mail approximately 3-7 weeks after receipt of winner’s prize claim information, subject to verification of potential winner’s eligibility and full compliance with these Official Rules. If the potential winner cannot be contacted, within the required time period, or if the prize is returned as undelivered, potential winner forfeits such prize and an alternate winner may be selectedin a random drawing from all remaining eligible entries received for the drawing through both entry methods combined.

 

Odds of winning depend on the total number of eligible entries received through both entry methods combined.

 

General Conditions:

Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity or proper conduct of the Promotion, as determined by Sponsor in its sole discretion.

 

In such event, Judges will select the winner via random drawing from among all eligible, non-suspect entries received prior to (and/or after, if appropriate) the action taken by Judges, or by some other means deemed by Judges in their sole discretion to be appropriate. Sponsor reserves the right, in its sole discretion, to disqualify any individual it determines, in its sole discretion, to be tampering with the entry process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately damage any website related to the Promotion orundermine the legitimate operation of this Promotion may be a violation of criminal and civil laws 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 (as well as disqualifying such individual). Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

Publicity Release:

Except where prohibited by law, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor’s and its designees’ (including Mondelēz Global, LLC) use of winner’sname, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in commerce and in any media without geographic or time limitation, and without additional payment, notice or consideration.

 

Liability Release:

By entering, entrant agrees to release and hold harmless Sponsor, its partners and agencies, radio station partners, Instagram, Mondelēz Global, LLC.,and their respective related companies, and each of their respective officers, directors, employees, and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of the prize (if applicable).

 

Limitations of Liability:

Sponsor, its partners and agencies, radio station partners, Instagram, and Mondelēz Global, LLC., (collectively, “Released Parties”) are not responsible for and you hereby release and hold harmless the Released Parties from and against any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, incomplete, postage-due, or misdirected entries, or entries  received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, mobile device,computer, network, hardware, software or Instagram platform  (this also includes the inability of Sponsor to receive entries due to filtering by Instagram and the inability of @OREO to contact potential winner via direct message, if applicable); (3) the unavailability or inaccessibility of any website or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on Sponsor’s website whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion, announcement of the winner or the processing of submitted entries; or (6) any injury or damage to persons or property, including but not limited to an individual’s computer or mobile device(or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by participation in the Promotion or from downloading any material from Sponsor’s or related website(s), regardless of whether the material was prepared by Sponsor, Mondelēz Global, LLC., their respective agencies, or other third party, and regardless of whether the material is connected to a Sponsor’s Mondelēz Global, LLC’s or its agency’s website by a hypertext link. By accepting a prize, each winner acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

 

Disputes / Choice of Law:

To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the award of the prize  shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Westchester County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and  you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased.  The internal, substantive law of New York governs the Promotion and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Promotion, you agree to submit to the personal and exclusive jurisdiction of the courts located in Westchester County, New York.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materialsor made by any of the Released Parties,and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

 

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 in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

Winner Information:

For the name of the winner list, mail a self-addressed stamped envelope to OREO Limited Edition S’mores Cookies – “S’mores On The Go” Sweepstakes Winners List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604.  Requests must be received by June 28th, 2019 and will be fulfilled after winner is verified.

 

Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor only, and NOT to Instagram or Mondelēz Global, LLC.

 

All trademarks used herein are the property of their respective owners.

 

Abbreviated Rules:

NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S. (Including D.C) VOID ELSEWHERE & WHERE PROHIBITED. MUST BE 18+ (19+ in AL & NE). ENDS 6/10/2019. SEE OFFICIAL RULESFOR DETAILS.

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