Mondelez Global – Belvita Breakfast Biscuits Start A Brewmance – Win one (1) $500 Gift Card
belVita Breakfast Biscuits “Start A Brewmance”
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 UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED IN THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE UNITED STATES.
belVita Breakfast Biscuits “Start A Brewmance” Sweepstakes (the “Promotion”) starts January 6th, 2020 at 11:00:00 am U.S. Eastern Time (“ET”) and ends online at February 3rd, 2020 at 11:00 a.m. ET (“Promotion Period”). (See Rules, below, for mail-in entry deadline.)
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 19 years of age if a resident of AL or NE). Employees, officers, and directors of Mondelēz Global, LLC. (“Sponsor”), Instagram, LLC (“Instagram”), radio station partners, TMPG (“Judges”) and their respective parent companies, subsidiaries, affiliates, promotion and advertising agencies, other companies involved in the design, execution or fulfillment of this Promotion, 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) 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 law. Promotion 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. 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 @belVitaSweepstakes on Instagram (Instagram.com) and share a photo of your favorite on the go coffee and belVita breakfast biscuits pairing on Instagram, tagging @belVitaSweepstakes and using the hashtags #BREWMANCE and #SWEEPSTAKES for a chance to win. Entries will not be judged. The hashtags and handle must be used to be eligible. The photo will also be referred to herein as your “entry”.
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: belVita Breakfast Biscuits “Start A Brewmance” Sweepstakes Entry, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Entries must be postmarked by February 3rd,2020 and received no later than February 10th, 2020. 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 duration of the Promotion Period, regardless of method of entry. 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, Sponsor’s radio station partners, Instagram, and each of 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 apply. 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 submission of the entry into the Promotion and use of entry as contemplated by these Official Rules; and
(f) entry complies with all Photo Guidelines set forth in these Official Rules.
Photo Guidelines: Photos cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, marijuana, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except Sponsor’s or participating retailers’) or trade dress owned by others, including but not limited to any coffee seller’s/manufacturer’s trademarks, logos or trade dress, or advertise or promote any brand or product (except Sponsor’s or participating retailers’) of any kind, without permission, including but not limited to any coffee seller’s/manufacturer’s brand or product, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission (for example, music); and (f) contain materials embodying the names, likenesses, photos, or other indicia identifying any person, living or dead, without permission.
By entering a photo, you warrant and represent that: (a) it has not been previously published; (b) it has not received previous awards; (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (d) publication of the photo via various media including Web posting and posting in social media, will not infringe on the rights of any third party. By entering, you agree to indemnify and hold harmless Sponsor from and against any claims to the contrary. Entry will be void and 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 the entry violates any of the above Guidelines or is inappropriate for publication or 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 IN ANY MANNER.
Rights in Photos: In consideration of submitting a photo for this Promotion and being included in the Promotion’s prize drawing, you hereby grant to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly or privately perform, publish, edit, delete or display such photo, or any portion thereof, in any 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 right of approval or compensation. You further waive any “Moral Right of Authors” (Droit Moral) in the photo.
You hereby authorize the Sponsor and its licensees to utilize, for eternity and in any manner they see fit, the submitted photo and to make derivative works from it. You agree that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that Sponsor and its licensees shall have no obligations whatsoever to you. You hereby agree that you will not be paid or compensated for any use of your entry by Sponsor or its licensees.
You hereby agree to release the Sponsor and its licensees from any and all claims or liability in connection the rights granted herein.
You acknowledge that Sponsor is not obligated to use any of the above-mentioned rights.
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 February 11th, 2020.
Prize, Odds of Winning and Winner Notification:
Only one (1) prize will be awarded. Prize winner will receive one (1) $500 Gift Card.
Total Approximate Retail Value: $500.
Use of gift card is subject to terms/conditions indicated thereon and otherwise imposed by the issuer, 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).
In the event that the potential prize winner cannot be contacted, or prize is returned as undeliverable, potential winner 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 and Judges’ decisions are final and binding on all matters relating to this Promotion. If potential winner entered via Instagram, he/she will be followed by @belVitaSweepstakes and will receive a personal direct message on Instagram from @belVitaSweepstakes asking him/her to submit the information required for verification of eligibility and prize fulfillment. If potential winner unfollowed @belVitaSweepstakes after entering Promotion, @belVitaSweepstakes will also ask potential winner to re-follow @belVitaSweepstakes 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 via Postal 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 selected in 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.
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 through both entry methods combined 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 or undermine 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.
Except where prohibited by law, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor’s and its designees’ use of winner’s name, 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.
By entering, entrant agrees to release and hold harmless Sponsor, its parent company, affiliates, Promotion partners and agencies, radio station partners, Instagram and each of their respective officers, directors, employees, and agents (collectively, “Released Parties”), 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:
You hereby agree that the Released Parties are not responsible for, and you hereby release and hold harmless the Released Parties from and against, any claims arising from: (a) 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; (b) 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 @belVitaSweepstakes to contact potential winner via direct message, if applicable); (c) the unavailability or inaccessibility of any website or any other service; (d) 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; (e) electronic or human error which may occur in the administration of the Promotion, announcement of the winner or the processing of submitted entries; or (f) 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, its agencies, or other third party, and regardless of whether the material is connected to a Sponsor’s its agency’s website by a hypertext link.
Disputes / Choice of Law:
To the fullest extent permitted by law, you agree that: (a) 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 a court of competent jurisdiction in the State of New Jersey; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) 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 Jersey governs the Promotion and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules.
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 materials or 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.
For the name of the winner, mail a self-addressed stamped envelope to belVita Breakfast Biscuits “Start A Brewmance” Sweepstakes Winner Info Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Requests must be received by March 31st, 2020 and will be fulfilled after winner is verified.
Mondelēz Global, LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor only, and NOT to Instagram.
All trademarks used herein are the property of their respective owners.
NO PURCHASE NECESSARY. Open to Residents of the 50 United States and D.C. Void elsewhere and where prohibited. Must be 18+ (19+ in Alabama & Nebraska). Sweepstakes ends online at 11 a.m. ET on 2/3/20. See Official Rules at belvitasweepstakes.com for full entry and prize details, including free mail-in entry method.