Mondelez Global Belvita – Moments To Thrive Thrive Thru @ Home – Win two per winning Entry (1 prize for winner and 1 prize for Friend).
belVita Moments to Thrive: Thrive Thru
@ Home
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 Instagram, and
Meta Platforms. Instagram is not affiliated with Sponsor in any way.
1. TO ENTER: belVita Moments to Thrive:
Thrive Thru @ Home (the “Sweepstakes”),
sponsored by Mondelēz Global LLC (“Sponsor”), begins at approximately
12:00 am ET on May 8, 2023 and ends at 11:59 pm ET on May 19, 2023 (the “Sweepstakes
Period”).
Participation Requirements: A personal Instagram
account (no requirement that the account is public) is required to participate.
If you do not have an Instagram account, you may open one for free at Instagram.com. When you
join Instagram, 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 and Privacy
Policy. If you use your wireless mobile device to enter, standard
message and data rates may apply. Please consult your wireless service provider
regarding its pricing plans prior to entering via your wireless mobile device. None of the “Promotion Parties” (defined
below in Section 3) shall be responsible for any message or data rate charges
which may apply. A wireless mobile device is not required to enter the
Sweepstakes. You may not use a corporate or shared account.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period:
(1)
Follow
@belVita on Instagram;
(2)
Locate
the Instagram post posted by @belVita that advertises this Sweepstakes (herein
“Sweepstakes Post”);
(3)
“Like”
the Sweepstakes Post; and
(4)
Comment
on the Sweepstakes Post by @mentioning one (1) adult friend (with their
permission, see Content Restrictions below; herein “Friend”) who you think deserves
a moment to thrive (your “Comment”).
(5)
There is no requirement that your Instagram handle is
public. However, you must keep the same Instagram handle during the Sweepstakes
Period and until the prizes are awarded (as described in Section 4, below); and
(6)
Your
Comment must also comply with all of the Content Restrictions stated below to
receive an “Entry.” Failure to comply with any of the above requirements will
result in disqualification of you and your Entry.
By completing the above requirements, you will receive
one (1) Entry into the prize drawing described in Section 4, below.
Entry Limit: You may enter one (1) time during the
Sweepstakes Period.
Content Restrictions for your Entry: Your Entry must be
your original work, created only by you. You must have permission to @mention your
Friend and to otherwise include any reference to any other person in your Entry.
If requested, entrant must be able to provide such permission in a form
acceptable to Sponsor. Your Entry cannot include any content that is deemed by
Sponsor, in its discretion, to: (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
trademarks, logos (except Sponsor’s, which are not required) or trade dress
owned by others, or advertise or promote any brand or product (except Sponsor’s,
which is not required) of any kind, without permission, or contain any personal
identification, such as license plate numbers, personal names (except names in
Instagram handles, which are permitted), e-mail addresses or street addresses;
(e) contain copyrighted materials owned by others without permission; and (f)
contain materials embodying the names, likenesses, photographs, or other
indicia identifying any person, living or dead, without permission.
By posting your Entry you (and your parent or
legal guardian, if you are a Minor) warrant and represent that the content
included: (a) does not infringe upon the copyrights, trademarks, rights of
privacy, publicity or other intellectual property or other rights of any person
or entity; (b) does not include reference to any other individual unless
entrant has consent to include the other individual in their Entry into the
Sweepstakes as described and contemplated by these Official Rules; and (c)
complies with all of the Content Restrictions listed in the paragraph above. You
(and your parent or legal guardian, if you are a Minor) will indemnify and hold
harmless the Promotion Parties (defined in Section 3, below) from and against any
claims to the contrary. Any Comment that, in the sole opinion of the Promotion
Parties, is deemed to be inappropriate for publication or inclusion in the
Sweepstakes for any reason, will be disqualified.
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. In the event of
dispute as to the identity or eligibility of a potential winner, the winning Entry
will be declared made by the “Authorized Account Holder” of the
Instagram account used to enter the Sweepstakes provided they are eligible
according to these Official Rules. The “Authorized Account Holder” is
defined as the natural person who is assigned to an Instagram account by https://www.instagram.com/.
2. SPONSOR’S USE OF ENTRIES: Posting an Entry constitutes
entrant’s (and their parent’s or legal guardian’s, if entrant is a Minor) consent
to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license
to use, reproduce, modify, publish, create derivative works from, and display the
Entry, 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 (and their
parent or legal guardian, if entrant is a Minor) is granting in and to the Entry.
Each entrant (and their parent or legal guardian, if entrant is a Minor) agrees
that the products of such use, if any, shall become the property of Sponsor
and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and its
licensees. Entrant (and their parent or legal guardian, if entrant is a Minor) hereby
agrees that they will not be paid or compensated for any such use of their Entry
by Sponsor or its designees, and further waives any “Moral Right of Authors” (Droit Moral) in the Entry.
By posting an Entry,
each entrant (and their parent or legal guardian, if entrant is a Minor) acknowledges
that such Entry is gratuitous, unsolicited, and without restriction, and will
not place any of the Promotion Parties (defined in Section 3, below) under any
obligations other than those contained in these Official Rules, and that each
Promotion Party is free to disclose the ideas contained in the Entry on a
non-confidential basis to anyone or otherwise use the ideas therein without any
compensation to the entrant. Each entrant (and their parent or legal guardian,
if entrant is a Minor) further acknowledges that the Promotion Parties do not
waive any rights to use similar or related ideas previously known to the
Promotion Parties (defined in Section 3, below), or developed by their
respective employees, or obtained from sources other than the entrant. Each entrant
(and their parent or legal guardian, if entrant is a Minor) acknowledges that they
will not instigate, support, maintain, or authorize any action or lawsuit
against any of the Promotion Parties (defined in Section 3, below) on the basis
that any use of their Entry infringes any of their rights as creator of the Entry.
3.
ELIGIBILITY: The
Sweepstakes is open to legal residents of the 50 United States, the District of
Columbia (“D.C.”), and Puerto Rico (“PR”), who are 18 years of age or older at
time of entry. The respective employees, officers and directors of the Sponsor
and Merkle Inc. (“Administrator”), 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 50 United States, D.C. and PR and where
prohibited.
4. SWEEPSTAKES DRAWING: Administrator
is an independent judging 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 four
(4) potential Sweepstakes winners in a random drawing from all Entries received
during the Sweepstakes Period on or around May 23, 2023. Each
potential winner will be notified via direct message from @belVita on Instagram
after the date of the drawing, and winner (and their parent or legal guardian, if potential winner is a Minor) will be required to sign and return
a Declaration of Compliance, Liability Waiver and (where permissible) a
Publicity Release (“Declaration”) which must be received by
Administrator within three (3) days of the date notice or attempted notice is
first sent, in order to claim the prize. Following confirmation of prize win,
the @mention Friend included in the winner’s Entry will be notified via direct
message from @belVita on Instagram, and Friend will be required to sign and
return a Declaration which must be received by Administrator within three (3)
days of the date notice or attempted notice is first sent, in order to claim
the Friend prize. If a Friend cannot be contacted, if they fail to sign and
return the Declaration or provide
any other requested
information within the required
time period, or are deemed
ineligible to receive the prize for any reason, the Friend prize will be
forfeited. If a potential winner cannot be contacted, or if they (and their parent or legal guardian, if
potential winner is a Minor) fail to sign and return the Declaration or provide
any other requested
information within the required
time period, or if potential
winner is deemed ineligible to receive the prize for any reason, the prize will
be forfeited and may be awarded to an alternate winner in a random drawing from
among all remaining eligible Entries. If necessary, this process will be
repeated up to three (3) times, after which the applicable prize will not be
awarded if it remains unclaimed. All prizes will be awarded provided they are
claimed properly in accordance with these Official Rules.
Odds of winning a prize will depend on the
number of eligible Entries received during the Sweepstakes Period. Receiving a prize is contingent upon compliance
with these Official Rules.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Eight (8) prize
packages will be awarded, two (2) per winning Entry (1 prize for winner and 1
prize for Friend). Each
“At Home Thrive Thru Coffee bar” prize package includes one (1) rolling cart,
one (1) espresso maker, one (1) coffee maker, one (1) temperature control mug,
one (1) 6 – pack coffee syrups, one (1) coffee measuring spoon, two (2) storage
containers, one (1) 4 pc set mini espresso cups and saucers, one (1) coffee mug,
one (1) variety box of coffee, and five (5) boxes of assorted belVita Breakfast Biscuits. All details, including but not
limited to features, colors, and flavors, will be determined by Sponsor. ARV of each prize package is $1,162.
TOTAL ARV OF ALL PRIZES: $9,296.
Prize is non-transferable
and no substitution or cash redemption in whole or in part will be made except
as provided herein or at the Sponsor’s sole discretion. Sponsor may substitute a
prize (or portion thereof) of equal or greater value if the advertised prize (or
portion thereof) becomes unavailable. Prize will be shipped to winner’s and Friend’s
home mailing addresses within approximately
8-10 weeks following the conclusion of the Sweepstakes and verification of
eligibility and compliance with these Official Rules.
No more than the
stated number of prizes will be awarded for any reason. If more than four (4)
prize notifications are issued, only the four (4) intended prizes will be
awarded in a random drawing from among all recipients of such notifications. Each prize is awarded
“as is” without warranty of any kind, express or implied, on the part of the
Sponsor.
6. GENERAL RULES: All income taxes
resulting from acceptance of the prize, if any, are the responsibility of each winner
and Friend. By entering 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 Sweepstakes, entrants, (and
their parents/legal guardians if entrants are Minors) further agree to release
and hold Promotion Parties, Instagram, Inc., Meta Platforms, their respective
parents, subsidiaries, affiliates and promotion agencies, and the respective directors,
officers, employees, assigns,and agents of each of
the foregoing, harmless from and against any and all claims and liability
arising out of participation in the Sweepstakes or use or redemption of a prize
(if applicable). Acceptance of a prize constitutes winner’s (and their parent’s
or legal guardian’s, if winner is a Minor) permission for the Promotion Parties
to use winner’s name, 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. Promotion Parties are
not responsible for lost, misdirected, garbled or late Entries, or for
technical, hardware or software malfunctions, lost or unavailable network
connections or failed, incorrect, inaccurate, incomplete, garbled or delayed
electronic communications whether caused by the sender or by any of the
equipment or programming associated with or utilized in this Sweepstakes, including
but not limited to Instagram platform’s equipment or programming, or by any
human error which may occur in the transmission, receipt or processing of the Entries
in this Sweepstakes, the administration of the Sweepstakes or the announcement
of the winners. If, in the Administrator’s opinion, there is any suspected
evidence of tampering with any portion of the Sweepstakes, or if technical
difficulties compromise the integrity of the Sweepstakes, the Sponsor reserves
the right to modify or terminate the Sweepstakes in a manner deemed reasonable
by the Sponsor and Administrator, at the Sponsor’s sole discretion. If
terminated prior to the stated end date of the Sweepstakes Period, the prizes will
be awarded by random drawing from among all eligible, non-suspect Entries received
as of the date/time of termination. All federal, state and local laws apply.
7. WAIVER AND DISPUTES: Except where prohibited, each entrant (and their
parent/legal guardian if the entrant is a Minor) agrees that: (a) any and all
disputes, claims and causes of action arising out of or connected with this
Sweepstakes or the prize shall
be resolved individually, without resort to any form of class action, and
exclusively by the United States District Court for the Eastern District of
Michigan or the appropriate Michigan State Court located in Oakland County,
Michigan; (b) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent
allowed by applicable law, under no circumstances will entrant (AND THEIR
PARENT/LEGAL GUARDIAN IF entrant IS A MINOR) be
permitted to obtain awards for, and entrant (AND THEIR PARENT/LEGAL GUARDIAN IF
ENTRANT IS A MINOR) hereby waives all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other than for
actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of
the entrant (and their parent/legal guardian if the entrant is a Minor) and Sponsor in connection with the
Sweepstakes, shall be governed by, and construed in accordance with, the laws
of the State of Michigan without giving effect to any choice of law or conflict
of law rules (whether of the State of Michigan or any other jurisdiction),
which would cause the application of the laws of any jurisdiction other than
the State of Michigan. Furthermore, entrant (AND THEIR PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR)
and each of the Promotion Parties hereby waive, to the fullest extent
permitted by applicable law, any right THEY may have to a trial by jury in
respect of any claim or dispute arising from or relating to the Sweepstakes or
these Official Rules.
The invalidity or unenforceability of any
provision of these Official Rules shall not affect the validity or
enforceability of any other provision. In the event that any provision is
determined to be invalid or otherwise unenforceable or illegal, these Official
Rules shall otherwise remain in effect and shall be construed as if the invalid
or illegal provision were not contained herein.
In the event there is a discrepancy or
inconsistency between disclosures or other statements contained in any
Sweepstakes-related materials or notifications and these Official Rules, these
Official Rules shall prevail, govern and control.
8. Entrants’
Personal Information: Information collected
from entrants is subject to Sponsor’s Privacy Policy.
9. WINNERS’ NAMES: For the names of the winners, click here.
The winners’ names will be posted after
winner confirmation is complete.
10.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
11. SWEEPSTAKES ADMINISTRATOR: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
All trademarks
used herein are the property of their respective owners.
Any questions,
comments or complaints regarding this Sweepstakes must be directed to the
Sponsor or Administrator only, and NOT to Instagram, Inc.
or Meta Platforms.