Ferrero USA – Kinder Bueno Savor Your Summer Selfie Contest And – Win (1) Skill Contest Grand Prize will be awarded consisting of a Cruise America RV (recreational vehicle) rental certificate valued at a maximum of $3000.
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO ENTER:
Kinder Bueno Savor Your Summer Selfie Contest and Sweepstakes (the “Promotion”) begins at 12:00:00 AM (ET) on Monday, April 24, 2023 and ends at 11:59:59 PM (ET) on Sunday August 13, 2023 (“Promotion Period”).
During the Promotion Period, there are two (2) ways to enter:
A. On your public Instagram account, you may enter by (i) submitting a photo and caption on your grid, or by making a comment on an official Kinder Bueno US promotional post, showing us a summertime selfie with Kinder Bueno or telling us how Kinder Bueno helps you savor your summer. If posting a selfie tell us (in the comment or caption) how you’re savoring your trip. (ii) using the hashtag #savoryoursummerselfiecontest (iii) tagging the official Kinder Bueno US Instagram account @kinderbuenous. We encourage you to tag 3 friends and have them to do the same! Entries will be judged based on judging criteria in section 4. An entry posted to your Instagram Story or Reel will not be considered valid unless also shared to your grid. You must have the Instagram app on your mobile device. If you do not have an Instagram account, you can obtain a free account at https://www.instagram.com.
B. On your public Twitter account, you may enter by (i) submitting a photo and caption, or by making a comment on an official Kinder Bueno US promotional post, showing us a summertime selfie with Kinder Bueno or telling us how Kinder Bueno helps you savor your summer. If posting a selfie tell us (in the comment or caption) how you’re savoring your trip. (ii) using the hashtag #savoryoursummerselfiecontest (iii) tagging the official Kinder Bueno US Twitter account @kinderbuenous. We encourage you to tag 3 friends and have them to do the same! Entries will be judged based on judging criteria in section 4. Doing so will require you to have a Twitter account. If you do not have a Twitter account, you can obtain a free account at https://twitter.com/signup.
BY POSTING A PHOTO/COMMENT AND ENTERING THE PROMOTION, YOU GRANT TO SPONSOR THE RIGHT TO USE YOUR ENTRY (I.E., PHOTO/COMMENT) AS PART OF A COMPILATION WITH OTHER ENTRIES WITHOUT FURTHER NOTICE OR COMPENSATION OF ANY KIND OR ANY ATTRIBUTION TO YOU; SEE ALSO SECTIONS 3 AND 9 BELOW.
Submitting a photo/comment using the above methods will result in one entry per platform subject to compliance with these Official Rules. By entering using a mobile device, entry may require data usage or incur data usage charges. Such charges may apply regardless of whether you are successful in posting the entry and entering the Promotion. Check your mobile plan for rates/details before posting an entry. Wireless access may not be available in all areas.
The Promotion consists of a Random Drawing Sweepstakes and a Skill Contest. Entries will be judged and must comply with the terms of these Official Rules (including the content restrictions set forth in Section 3 below) to be deemed a valid entry. In the Random Drawing Sweepstakes, as per Section 5 below, prize winners will be selected via random drawing. In the Skill Contest, the Grand prize-winning entry will be selected based on judging criteria set forth below in Section 4. For clarity, the content of your submission (provided that it is in compliance with these Official Rules, including Section 3 below) will NOT affect your ability to enter the Random Drawing Sweepstakes or your odds of winning a prize in the Random Drawing Sweepstakes; however, the content of your submission WILL determine whether (or not) you win a Grand Prize in the Skill Contest.
Limit one (1) entry per person per platform per entry period, there will be eight (8) entry periods: If entering in more than one (1) entry period, the same content cannot be submitted as an entry multiple times. (See Section 7 below for start and end dates/times of entry periods). Do not submit the same content on both Instagram and Twitter during a given entry period. Any attempt to use multiple names or Instagram and/or Twitter accounts or other tactics to enter more than the stated limit may result in the disqualification of the Entrant by the Sponsor from the Promotion and all associated entries will be void and will not be accepted. Entries generated by script, macro, or other automated means or with the intent to subvert the entry process will be void. Entries that are copies or re-posts of another entrant’s posts/comments are also void.
All Instagram and Twitter terms and conditions apply. This Promotion is in no way sponsored, endorsed, or administered by or associated with Instagram and Twitter.
2. ELIGIBILITY: The Promotion is open only to legal residents of the contiguous (48) United States and the District of Columbia, who are twenty-one (21) years of age or older at the time of entry, who have (a) a valid driver’s license from any U.S. State or the District of Columbia and (b) an Instagram and/or Twitter account as of the time of entry (each an “Entrant”). Employees, agents, directors and officers of Ferrero U.S.A., Inc. (“Sponsor”), Berlin Productions, Inc. (“Administrator”), Cruise America, Inc. and (as applicable) any of their respective parents, affiliates, subsidiaries, representatives, prize suppliers, and fulfillment, advertising, marketing and promotion agencies (collectively, the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee/agent/director/officer are not eligible to enter or win. Void in AK, HI, Puerto Rico and where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Promotion. By entering, you agree to these Official Rules, which are final and binding in all respects.
3. ENTRY REQUIREMENTS AND PHOTO/COMMENT SUBMISSION GUIDELINES (as used herein “CONTENT” refers to the photo/comment and all material comprising same including, without limitation, background artwork, etc., if and as applicable):
Each Entrant represents and warrants that Entrant must be the sole and exclusive owner of the Content, has obtained any and all rights to Content from any third party (if applicable) and otherwise holds any and all rights to Content.
Content is Entrant’s own creation and is one hundred percent (100%) original (modifying, enhancing, or altering a third party’s preexisting work does not qualify as Entrant’s original creation);
The Content has not been previously published or received an award.
The Content does not infringe on any rights of any third parties, including copying another’s work in whole or in part; and
Any third parties referenced in or involved in the creation of the Content must have given Entrant appropriate and sufficient consent in conjunction therewith for the use as permitted herein and, if any person appearing in/involved in the creation of the Entry is a minor in his/her jurisdiction of residence (generally, under the age of eighteen ), Entrant must be the minor’s parent or legal guardian.
ENTRY CONTENT GUIDELINES: To result in entry, Entrant’s photo or comment must not, without limitation:
include or involve in its creation any person other than yourself, without their written permission (if a minor the written permission of their parent/legal guardian), or otherwise violate the intellectual property rights (including trademark, copyright, right of publicity, right of privacy) of any third party
include individuals outside immediate family without consent
contain any anti-social, political, controversial, or religious statements, images or descriptions
include threats to any person, place, business, or group
include any personal information regarding Entrant or anyone else
contain advertisements, personal solicitations, or commercial solicitations
contain material that is illegal, inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous, or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group) as determined in Sponsor’s sole discretion
contain material that advocates aggressive or violent behavior
contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other trait
contain material that disparages or adversely affects the goodwill and business reputation of Sponsor, its Kinder Bueno product, Cruise America, Inc. or its RV rental/sale services.
Contain material that features celebrities or known personalities
advocate illegal conduct of any kind or alcohol, tobacco or drug use including e-cigarette products
make any health claims regarding Kinder Bueno or suggest/imply that the Kinder Bueno product should be consumed other than in accordance with the label of same
contain material that is irrelevant to the theme of the Promotion
contain material that is not truthful and accurate
contain any brand names, logos, or trademarks (including those that might appear on clothing) other than those of Sponsor or Cruise America, Inc.
Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Promotion, or any other person or entity (including Cruise America, Inc.), or does not comply with these requirements or these Official Rules.
To the extent that your entry includes an endorsement of Kinder Bueno you represent and warrant that the entry is truthful in all material respects and accurately references your actual experience in using the product.
Subject only to those rights retained by Meta Platforms, Inc. or Twitter, Inc. (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the post/photo/ comment in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. The preceding includes but is not limited to Sponsor’s possible use of entrant’s photo/comment as part of a compilation; and, to this end, the preceding includes entrant’s grant and license to the post/photo /comment individually as well as his/her grant and license as to any compilation within which Sponsor may choose to include such post/photo /comment. Nothing herein in any way obligates Sponsor to make any use of a given entrant’s post/photo /comment (individually or as part of a compilation); and, in refraining from doing so, Sponsor will not incur liability of any kind under any legal theory. Entrant further agrees, upon Sponsor’s request and without compensation, to use commercially reasonable efforts to assist Sponsor in obtaining a similar grant of rights from other individuals included in and/or involved in the creation of his/her post/photo/ comment (to the extent applicable).
ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR CRUISE AMERICA, INC. IN ANY MANNER. SPONSOR AND CRUISE AMERICA INC. EACH DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. WITHOUT LIMITATION, SPONSOR AND CRUISE AMERICA, INC. HAVE NOT REVIEWED ANY PHOTOS/COMMENTS PRIOR TO POSTING BY ANY ENTRANT AND SUCH POSTING BY AN ENTRANT AS WELL AS ANY RE-POSTING OF SAME BY SPONSOR DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH ENTRY BY SPONSOR OR CRUISE AMERICA, INC.
Sponsor may acknowledge receipt of photo/comment for entry, including by commenting upon or re-posting them (individually or as part of a compilation). Should Sponsor choose to do so, any such acknowledgment merely indicates that the entry has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Promotion.
Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete, incorrect, or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Instagram or Twitter account/handle used to enter the Promotion will be deemed to be the entrant.
4. GRAND PRIZE CONTEST-JUDGING CRITERIA (100 total points available):
All eligible entries received during the Promotion Period will be judged to determine the potential Grand Prize-winning entry ( “Potential Grand Prize-Winning Entry”) by a Sponsor-selected panel of experts from Sponsor and Administrator (the “Judges”). Judging will take place on or about August 16, 2023 and will be based on the following criteria (“Judging Criteria”):
A. Use of Kinder Bueno: Show or tell us how you Savor Your Summer: Share your enthusiasm for summer and how Kinder Bueno helps you to savor it! What was the creative way you incorporated Kinder Bueno into the selfie/caption? (60%; maximum score of 60 points)
B. Creativity/Uniqueness: What about your photo or comment stands out? Is it a breathtaking monument or landmark? Is it a place people don’t usually travel? Does it just scream SUMMER?! (40%; maximum score of 40 points)
The entry with the highest total Judging Criteria scores will be the Potential Grand Prize-Winning Entry, subject to verification. In the event of a tie, such tied Entries will be broken in favor of the higher/highest score for Judging Criterion “A” (i.e., Use of Kinder Bueno). In conducting the judging, the judging panel will take into account whether the submission was in the form of a photo or comment.
5. RANDOM DRAWING SWEEPSTAKES- SELECTION OF WINNERS: Potential winners will be selected by the Administrator, an independent judging organization. The Promotion Period is comprised of eight (8) entry periods, as per the chart in Section 7 below. Each entry period will have its own random drawing, consisting of all eligible entries received during the corresponding entry period. Non-winning entries from earlier entry periods/random drawings will not be retained for the subsequent entry periods/random drawings. All random drawings will be conducted by Administrator. Odds of winning a Random Drawing Sweepstakes prize will depend upon the total number of eligible entries received for the applicable entry period/random drawing.
6. NOTIFICATION OF SKILL CONTEST & RANDOM DRAWING SWEEPSTAKES WINNERS.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Potential winners will be notified via direct message (i.e., private message) on Instagram and/or Twitter (depending on social media platform used to enter the Promotion). IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM Kinder Bueno (i.e., @kinderbuenous [Instagram] @KinderBuenoUS [Twitter]; or Administrator [identified at time of message]).
THE DIRECT MESSAGE WILL CONTAIN APPROPRIATE PRIZE CLAIM INSTRUCTIONS DEPENDING ON THE PRIZE THAT HAS BEEN POTENTIALLY WON BY THE RECIPIENT OF THE DIRECT MESSAGE.
For Grand Prize: Potential winner will be directed to download, complete and return an Affidavit of Eligibility, Liability Release and a Publicity Release (where legal) within 48 hours. The Affidavit/Release will include a certification that the entry is the original work of the potential Grand Prize winner who holds all rights to the entry.
For Random Drawing Sweepstakes Prizes: Direct message will contain a secure link for entrant to provide mailing information. A response is required to such notification within 48 hours from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified. In the notification, potential winner will be directed to a prize acceptance form via secure url where he/she will provide his/her additional contact information (e.g. e-mail, name, street address (no PO boxes), city, state and zip code**) for purposes of winner verification and prize claim.
In the event a potential winner cannot be contacted, fails to timely comply with applicable prize claim instructions (for Grand Prize, this includes timely completing/signing/returning the Affidavit of Eligibility, Liability Release and Publicity Release [where legal]), he/she is disqualified for any other reason or if the prize/prize notification material is returned as undeliverable to winner, the prize will be forfeited and Sponsor may choose an alternate potential winner (for Skill Contest: the next highest ranked entry in the judging; for Random Drawing Sweepstakes: another entry selected at random from among all remaining eligible entries received for the applicable entry period/random drawing) .
**Only a street address in the (48) United States or the District of Columbia will be accepted, and prize/prize notification material will only be delivered to such address (if potential winner is verified as being eligible and in full compliance with these Official Rules).
7. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
One (1) Skill Contest Grand Prize will be awarded consisting of a Cruise America RV (recreational vehicle) rental certificate valued at a maximum of $3,000. Cruise America RV rental certificate expires on December 31, 2024.
Grand Prize package will include
Cruise America RV rental certificate
Gift card valued at $500 (issuer to be determined by Sponsor in its sole discretion; issuer’s terms and conditions apply)
Custom Yeti Cooler $275
Digital Camera valued at $450
Branded Kinder Bueno T- shirt $30
Summer supply of Kinder Bueno (30 packs containing two bars each) $23
Grand Prize ARV $4,278
Grand Prize winner will receive the Cruise America RV rental certificate which is redeemable for a Cruise Class “C” RV. Rental
certificate is not a gift card/gift certificate. Length of trip depends on Grand Prize winner’s proposed itinerary and scheduling with
Cruise America, Inc. Rental of RV is subject to the terms of Cruise America, Inc.’s standard rental agreement, all of which apply except
for rental fee up to $3,000. If cost of RV rental exceeds $3,000, Grand Prize winner shall be solely responsible for difference in value.
Conversely, if rental fee is less than $3,000, Grand Prize winner will not receive the difference in value. Insurance is the sole
responsibility of Grand Prize winner. CRUISE AMERICA RV RENTAL CERTIFICATE IS VALID FOR ONE TIME USE ONLY.
Prize Winner’s travel companions must be at least the age of majority in the state in which they reside as of April 24, 2023 or a minor if the Prize Winner is that minor’s parent or legal guardian. (However, if travel companion is a minor, that minor’s parent or legal guardian must also sign a Liability Release and Publicity Release (where legal). All travelers must possess valid government-issued photo identification.
GRAND PRIZE WINNER (AS WELL AS ANY GUESTS OF GRAND PRIZE WINNER WHO WILL OPERATE THE RV) MUST HAVE A VALID DRIVERS LICENSE WITH NO HISTORY OF DUI OR ANY OTHER MAJOR TRAFFIC VIOLATIONS (DOES NOT INCLUDE PARKING VIOLATIONS)
Prize Winner as well as any guest(s) who will operate the RV will be required to provide a valid major credit card or some other acceptable form of payment, as determined in Cruise America, Inc.’s sole discretion. The RV rental guidelines are subject to terms and conditions set forth in these Official Rules and those set forth by Cruise America, Inc. RV rental is subject to availability, blackout/holiday dates, advanced notice requirements and other restrictions. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions. Sponsor shall not be responsible for any loss or damage of personal property. Winner and guest(s) are subject to all Cruise America, Inc. policies and the terms and conditions imposed by Sponsor. By accepting the Prize, the Prize Winner and Prize Winner’s guests agree to abide by such policies, terms, and conditions.
Receipt of Grand Prize is conditioned upon Grand Prize winner accepting Cruise America RV rental certificate. If rental certificate is not accepted or if Grand Prize winner does not agree to the terms of Cruise America, Inc.’s standard rental agreement, the Grand Prize will be forfeited without compensation of any kind and an alternate winner selected.
Once notified of being the potential Prize Winner, entrant shall provide Sponsor or its representative with the name of his/her travel companions. Potential Prize Winner hereby authorizes Sponsor and its designated agents and representatives to conduct a comprehensive background check of potential Prize Winner (the “Background Check”). Entrant understands and acknowledges that his/her travel companion(s) will be required to give Sponsor and its designated agents and representatives authorization to conduct a Background Check. The details that follow apply to both potential Prize winner and his/her guest(s). Potential Prize winner and guest(s) each understand that he/she may be asked to provide a social security number or similar identification number, addresses or residences from the last seven (7) years, date of birth, prior names (e.g., maiden name) and any other information necessary for Sponsor to conduct a Background Check. The scope of the Background Check may include, without limitation, civil and criminal history records from any criminal justice agency, federal and state records, sex offender registry check, and terrorist watch list check. Potential Prize winner and guest(s) agree to provide all personal information needed and sign a release or authorization form in order to permit Sponsor to conduct the Background Check. Sponsor and its designated agents and representatives shall maintain all information received from this release and authorization form in a confidential manner in order to protect potential Prize winner’s and each guest’s personal information. Potential Prize winner and guest(s) further agree to be bound by the decisions of Sponsor as to the background check even if such decision should result in disqualification and prize forfeiture without compensation of any kind. If potential Prize winner and/or guest do not consent to the conduct of the background check or fail to fully cooperate with the conduct of same, the Prize or opportunity to accompany the Prize winner (as the case may be) will be forfeited without compensation of any kind.
In addition, Sponsor reserves the right, in its sole discretion, to disqualify the potential Prize Winner and/or guest(s) for any of the following reasons (as applicable): (a) non-compliance with these Official Rules; (b) in the event that the Winner notification is returned as undeliverable; (c) Background Check results or other information indicating a history, characteristic or quality considered by Sponsor or its designees in its sole discretion to be unacceptable; and/or (d) Invalid Driver’s license or history of suspension or revocation or information showing that the entry was defective or failed to comply with these Official Rules. Should potential Prize winner and/or guest(s) be disqualified, Sponsor and Administrator shall have no liability to potential winner and/or any guest (as applicable) under any legal theory.
RV Pick Up Details
Once Grand Prize winner has been confirmed the winner will be provided with the location and contact information for the RV pick up. Location to be determined by Sponsor and Cruise America, Inc. It will be the sole responsibility of the Grand Prize winner to coordinate trip details with the provided Cruise America location/contact.
One hundred and Twelve (112) prizes awarded via Random Drawing Sweepstakes.
RANDOM DRAWING SWEEPSTAKES PRIZES: Fourteen (14) prizes will be awarded each entry period (see entry period chart below) for a total of 112 prizes with an Approximate Retail Value (ARV) of $9,096.00 (see chart below for prize ARV and details):
Random Drawing Sweepstakes Prizes
Qty/ entry period drawing
Branded Yeti cooler
Branded Kinder Bueno T-Shirt
Summer supply of Kinder Bueno (T2 x 30)
Entry periods and drawing dates for Random Drawing Sweepstakes Prizes:
Start Date @ 12:00:00 AM (ET)
End Date @ 11:59:59 PM (ET)
Approx. Drawing Date
April 24, 2023
May 7, 2023
May 8, 2023
May 8, 2023
May 21, 2023
May 22, 2023
May 22, 2023
June 4, 2023
June 5, 2023
June 5, 2023
June 18, 2023
June 19, 2023
June 19, 2023
July 2, 2023
July 5, 2023
July 3, 2023
July 16, 2023
July 17, 2023
June 17, 2023
July 30, 2023
July 31, 2023
July 31, 2023
August 13, 2023
August 14, 2023
TOTAL ARV OF ALL SWEEPSTAKES PRIZES: $9,096.00
TOTAL ARV OF ALL PRIZES IN PROMOTION: $13,374.00
All prize manufacturers/service providers are in no way a sponsor, endorser, or otherwise associated with this Promotion.
Grand Prize winner and his/her guest(s) understand and agree:
that prize travel in conjunction with redemption of RV rental certificate carries an inherent risk of contracting COVID-19/Coronavirus, with Grand Prize winner and his/her guest(s) assuming any and all risks of illness or even death in conjunction therewith.
in response to economic and/or social conditions engendered by COVID-19/Coronavirus (regardless if mandated by a governmental authority), Sponsor and Cruise America, Inc. may be compelled to modify the terms and conditions of usage of RV rental certificate (including extension of the expiration date of same) or replace the RV rental certificate with an alternate prize element of Sponsor’s sole choosing of comparable value.
to comply with any and all policies of Cruise America, Inc., any third party in conjunction with operation/use of RV obtained via redemption of RV rental certificate and laws designed to stop the spread of COVID-19/Coronavirus, which may include mask-wearing, social distancing, provision of proof of negative COVID-19/Coronavirus test and/or proof of vaccination against COVID-19/Coronavirus.
8. GENERAL PRIZE RESTRICTIONS: Limit of one (1) Skill Contest Grand Prize and one (1) Random Drawing Sweepstakes Prize per person, family, household, Social media platform, or address. No prize transfer or cash redemption allowed except by Sponsor who reserves the right to substitute a prize (or prize element, for Grand Prize) of comparable or greater value, at its sole discretion. (The preceding only excludes the cash redemption of gift card element of Grand Prize, where required by applicable law.) Any difference between the approximate retail value and actual value of Prize or any substituted prize will not be awarded. Winners are solely responsible for any federal, state, and local taxes, as well as any other costs and expenses associated with the acceptance and use of Prize(s) not described herein as being awarded. Prizes consist of only the items specifically listed as part of the Prize. All costs and expenses not specified herein as being awarded are the sole responsibility of Prize Winners Random Drawing Sweepstakes prizes (other than Fourth and Fifth Prizes) are offered subject to availability, with color, style and size/model number being determined by Sponsor in its sole discretion. Grand Prize winner will be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the Grand Prize will be awarded. The Grand Prize winner will receive an IRS form 1099 for the total value of the Grand Prize and Random Drawing Sweepstakes Prize (if applicable). Sponsor shall not be responsible for lost or stolen Prizes, or any part thereof or any issues arising out of or in connection with Winner’s use of a Prize, or any part thereof. In no event will more than the stated number of prizes be awarded. Sponsor and Administrator are not responsible for any change of potential winner’s home address, Instagram and/or Twitter account (as applicable) or if such account (for potential winner) is incomplete or otherwise defective.
9. GRANT of Rights: By submitting an Entry, Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry (that is, the Photo/Comment) in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of Photo/Comment with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered. The entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their Photo/Comment. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may later request the assignment. The photographer (or his/her parent/legal guardian if deemed a minor in the jurisdiction of his/her residence) if applicable, if not the Entrant, may be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Entrant may now or later have in the photo (as the case may be). By submitting a photo/comment Entry, Entrant explicitly acknowledges that his/her image, first name, last initial, city, and state (as applicable) may be posted on the Website and the social media sites of Sponsor as well as possibly included as part of a compilation as discussed above. Any such posting (or inclusion as part of a compilation) shall NOT constitute any representation that the Entry/photo/comment is eligible or that it has been selected as a potential Winner in the Promotion.
10. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant’s participation in or attempt to participate in the Promotion, or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of www.summergetsbueno.com or any other promotion-related website or of a given entrant’s Instagram or Twitter page or the official Kinder Bueno US Instagram or Twitter page in whole or in part for any reason (including filtering or other operation of the Instagram or Twitter social media platform); (h) traffic congestion on the Internet, on Instagram or Twitter, www.summergetsbueno.com, or any other promotion-related website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry procedure and/or the prize claim procedure , whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an Instagram or Twitter account/handle used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries or prize claims (as applicable), the announcement of the prizes or any Promotion-related materials. Use of www.summergetsbueno.com or any other promotion-related website as well as the Instagram or Twitter social media platform is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person’s computer or mobile phone resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of materials for/implementation of the Promotion .
11. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering the Promotion, each Entrant agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant’s name, city and state of residence, photographs and/or likeness, and post for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, except where prohibited by law; (b) that Sponsor and its designees shall have the right and permission to (i) alter, amend, edit or change Entries, including the post, prior to distribution and (ii) use, distribute, reproduce, alter, amend and copyright Entries, including any post, photo/comment submitted as an entry of the Promotion for purposes of advertising and trade without compensation, unless prohibited by law; (c) to release the Released Parties as well as Meta Platforms, Inc. and Twitter, Inc. from all liability and to indemnify, defend and hold harmless the Released Parties as well as Meta Platforms, Inc. and Twitter, Inc. from and against any claim, action, liability, loss, injury or damage to Entrant, or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant, or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of any Prize[s] (or any part thereof), (ii) participation in or administration of this Promotion, (iii) the use (or non-use) of any entry or any of the rights granted herein; (iv) defamation, violation of right of publicity or right of privacy; and (v) any element of this Promotion; (d) to assume all liability for any injury or damage related to (c) (i)-(v); (e) to be bound by the Official Rules (f) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (g) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (h) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys’ fees; and (i) that New York law (without regard to principles of conflict of law/choice of law) shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion if Sponsor suspects fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any other similar causes or factors beyond Sponsor’s reasonable control could corrupt, impair, or compromise the administration, security, integrity, or fairness of the Promotion (or portions thereof), as determined by Sponsor in its sole discretion. Should the Promotion (or any portion thereof) be cancelled or terminated for any of the above reasons, the Promotion will be conducted in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event the Promotion is cancelled or terminated, notice will be posted on www.summergetsbueno.com and on the official Kinder Bueno US page on Instagram or Twitter. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials, including without limitation, the official Kinder Bueno US page on Instagram or Twitter, www.summergetsbueno.com or any other promotion-related website and the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including the post/photo/comment becomes property of Sponsor.
Any damage made to Kinder Bueno US page on Instagram or Twitter, www.summergetsbueno.com or any promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Any Entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor/Administrator. Sponsor/Administrator reserve the right, in their sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the entry process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted (i.e., more than one  entry per entry period, for a total of eight  entries), and/or if Sponsor suspects that an Entrant attempted to obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
12. NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE WWW.SUMMERGETSBUENO.COM OR ANY OTHER PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
14. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROMOTION AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THIRTEEN DOLLARS ($13.00). WITHOUT LIMITING THE FOREGOING, THIS PROMOTION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED (IN WHOLE OR IN PART) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC/EPIDEMIC, WEATHER, TERRORISM OR SUPPLY CHAIN ISSUES. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
15. WINNERS’ LIST: You may request a winners’ list by mail by sending a self-addressed stamped envelope to Kinder Bueno Savor Your Summer Selfie c/o Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598. Requests must be received by September 12, 2023.
16. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054
17. ADMINISTRATOR: Berlin Productions, Inc., 870 Locke Ln, Yorktown Heights, NY 10598.
© 2023 Sponsor: Ferrero U.S.A., Inc. All rights reserved.