Mondelez Global – Nabisco Dunk – Win $5000 (awarded as a check payable to winner) (1) Vince Carter Signed Jersey
Nabisco Dunk Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE FOLLOWING PROMOTION IS OPEN TO RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”) ONLY.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram. The Instagram social media platform is not affiliated with the Sponsor in any way.
The Nabisco Dunk Sweepstakes (the “Promotion”) begins on May 10, 2021 at 11:00 a.m. Eastern Time (“ET”) and ends online on June 6, 2021 at 11:00 a.m. ET (“Promotion Period”). (See “How to Enter”, 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”), NBA Properties ,Inc, The National Basketball Association (the “NBA”) and the NBA member teams (collectively, the “NBA Entities”), TMPG (“Judges”), the management and representation of Mr. Dominique Wilkins and Mr. Vince Carter, and their respective parent companies, subsidiaries, affiliates, promotion and advertising agencies, other companies/persons 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 and be bound by these Official Rules and the decisions of Sponsor and Judges, which are final and binding on all matters relating to this Promotion.
How to Enter:
To Enter Via Instagram: During the Promotion Period, you will have to follow @NabiscoDunkSweepstakes on Instagram (www.Instagram.com) and share a photo showing off your dunk champion cookie pick** (OREO® Minis orChips Ahoy!® Minis only), tagging @NabiscoDunkSweepstakes and using the hashtags #NabiscoDunkSweepstakes plus EITHER #TeamOREO or #TeamChipsAhoy (depending on which cookie is your pick as the dunk champion cookie) for a chance to win. Photos will not be judged. The hashtags and handle must be used as shown above to be eligible. The photo must comply with the Photo Guidelines set forth below or it will be disqualified. The photo will also be referred to herein as your “entry”.
**Sponsor is only requesting that your photo clearly show your cookie pick. You are NOT required to dunk the selected cookie in milk or any other liquid. Entry is void and will not be accepted if (a) the hashtag of the cookie pick does not correspond to the cookie actually shown in the photo; (b) both OREO Minis AND Chips Ahoy! Minis are shown in the photo; (c) a cookie OTHER THAN OREO Minis or Chips Ahoy! Minis is shown in the photo regardless of whether OREO Minis or Chips Ahoy! Minis also is shown in the photo; (d) OREO Minis or Chips Ahoy! Minis are not prominently shown and readily visible in the photo; or (e) OREO Minis or Chips Ahoy! Minis are presented in the photo in a manner that is disparaging to or may adversely affect the business reputation and goodwill of Sponsor and/or its brands.
To Enter Free Via Postal Mail: As an alternative method of entry, you may enter the Promotion by legibly 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: Nabisco Dunk Sweepstakes Entry, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Entries must be postmarked by June 7, 2021 and received no later than June 14, 2021. If properly submitted and received, your mail submission will be referred to herein as your “entry”. No mechanical reproductions of entries will be accepted. All entries become the sole property of the Sponsor and will not be returned. Receipt of entries will not be acknowledged.
Limit one (1) entry per person/Instagram account (as applicable) for the duration of the Promotion Period, regardless of method of entry.
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. Proof of transmission of an entry does not constitute proof of entry or proof of receipt of entry by Sponsor. In the event of dispute as to the identity or eligibility of a 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 Instagram. In the event of dispute as to the identity or eligibility of a potential winner if he/she entered via mail, the winning entry will be declared made by the person named on the entry, provided he/she is eligible according to these Official Rules.
If you choose to enter using your mobile device, standard messaging and data fees may apply. You are therefore advised to consult your wireless rate plan PRIOR TO using a mobile device to submit your entry. Wireless internet access is not available on all mobile devices or wireless carriers or in all areas. A mobile device is not required to enter the Promotion.
By submitting an entry via Instagram, you represent and warrant that:
entry is solely and entirely your original work product (DO NOT post another’s person’s creation or a modification of same);
entry itself does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
publication of the entry via various media including Web posting and posting in social media, will not infringe on the rights of any third party;
entry has not been previously published or won any award in a contest, sweepstakes or other promotion;
entry is truthful in all material respects;
the other participants depicted in the entry (or their parents/legal guardians if participants are minors), 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
entry complies with all Photo Guidelines set forth in these Official Rules.
By entering, you agree to indemnify and hold harmless Sponsor and Judges from and against any claims to the contrary.
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 trade dress owned by others, including but not limited to any cake or cookie seller’s/manufacturer’s trademarks, logos or trade dress, or advertise or promote any brand or product (except Sponsor’s ) of any kind, including but not limited to any cake or cookie 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); (f) contain material which is irrelevant to the Promotion theme of one’s dunk champion cookie pick and (g) contain materials embodying the names, likenesses, photos, or other indicia identifying any person, living or dead, without permission.
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 from the Instagram platform), if Sponsor determines in its sole discretion that the entry violates any of the above Photo Guidelines or is inappropriate for publication or inclusion in the Promotion for any reason as determined in its sole discretion.
POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MODERATING, REVIEWING OR MONITORING SUCH POSTS. SPONSOR AND JUDGES WILL NOT EDIT OR MODIFY SUCH POSTS IN CONJUNCTION WITH ADMINISTRATION OF THE PROMOTION.
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 notice, 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.
There will be a total of six (6) potential prize winners 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 photo entry will have no bearing on the winner selection process. The drawing will be conducted by Judges, on or about June 21, 2021.
Prizes and Odds of Winning
One (1) Grand Prize: The Grand Prize winner will receive $5,000 (awarded as a check payable to winner), one (1) Vince Carter Signed Jersey, and one (1) Dominque Wilkins Signed Jersey.
Total Approximate Retail Value (“ARV”) of Grand Prize: $5,300. (If, for any reason, actual value of Grand Prize is less than stated ARV at the time the prize is awarded, winner will not receive the difference in cash or otherwise.)
Five (5) Second Place Prizes: Each Second Place Prize winner will receive one (1) $100 Gift Card*, one (1) Vince Carter Signed Jersey, and one (1) Dominque Wilkins Signed Jersey. Total ARV of each Second Place Prize: $400.
* Issuer of gift card to be determined by Sponsor in its sole discretion. Use of gift card is subject to all terms, conditions and policies of the issuer, including the terms/conditions indicated on the gift card, which may include expiration date (where lawful).
Total ARV of all Second Place Prizes: $2,500.
TOTAL ARV OF ALL PRIZES: $6,550.00
Limit of one (1) prize per person or address. ARV of Grand Prize does not reflect potential re-sale value of signed items. Any and all unspecified expenses in conjunction with acceptance and use of a prize are the winner’s sole responsibility. Any applicable federal, state, and local income taxes are the sole responsibility of prize winner. Grand Prize winner will be issued an IRS 1099 Tax Form for the total value of the Grand Prize; and, winner agrees to fully cooperate with Sponsor as to Sponsor’s compliance with all governmental reporting requirements, including provision of his/her Social Security Number via IRS W9 Form. Failure to comply will result in disqualification and prize forfeiture. Actual signed items received by winner may differ from depictions of same in Promotion advertising, and Sponsor disclaims any and all liability in conjunction therewith. Prizes will only be shipped to a street address in the fifty (50) United States or D.C. Prize elements may be shipped separately. If any element of a prize is declined by a winner, no alternate prize or compensation will be awarded in place thereof. No substitution, assignment, or transfer of prizes (in whole or in part) is permitted, except by Sponsor, who reserves the right in its sole discretion to substitute prizes (in whole or in part) with another prize/prize element of equal value if advertised prize/prize element cannot be awarded as stated for any reason. Prizes cannot be redeemed or exchanged for cash by winners (except for $5,000 check element of Grand Prize and possibly the $100 gift card element of Second Place Prizes, where required by law). All prizes will be awarded provided they are claimed properly in accordance with these Official Rules.
Potential Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful), within five (5) days of date of prize notification. In the event of Grand Prize winner’s noncompliance with this requirement, or if the potential Prize winner of any prize cannot be contacted, or if prize/prize notification for any prize is returned as undeliverable, potential winner will be disqualified and forfeits prize without compensation. In the event of prize forfeiture, an alternate winner will be selected in a random drawing from all remaining eligible entries received during the Promotion Period. If potential winner entered via Instagram, he/she will be notified via direct message from @NabiscoDunkSweepstakes approximately 4-6 weeks after the date of the prize drawing. IT IS POTENTIAL WINNER’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER INSTAGRAM PRIVACY SETTINGS ALLOW FOR @NABISCODUNKSWEEPSTAKES TO NOTIFY HIM/HER VIA DIRECT MESSAGE. If a potential winner entered via mail, he/she will be notified by e-mail (if provided), U.S. postal mail, or phone. All prizes will be fulfilled by mail approximately 4-6 weeks after the date of the prize drawing, subject to verification of each potential winner’s eligibility and full compliance with these Official Rules.
Odds of winning a prize depend on the total number of eligible entries received through both entry methods combined.
Sponsor reserves the right to terminate 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 winners 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 (or Judge’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 each 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 worldwide without geographic, use or time limitation, and without additional payment, notice or consideration.
Participants in this promotion (if minor, his/her parent or legal guardian) agree to be bound by these Official Rules and agree that the NBA Entities and their designees and assigns may use the participant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
By entering, entrant agrees to release and hold harmless Sponsor, its parent company, affiliates, subsidiaries, promotion and advertising agencies, other companies/persons involved in the design, execution or fulfillment of this Promotion, Judges, Instagram, prize suppliers 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 any prize or element thereof (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, garbled, 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 @NabiscoDunkSweepstakes 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 or Sponsor’s Instagram account(s) 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 winners 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 Sponsor’s or its agency’s website by a hypertext link.
The NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this promotion.
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 prizes 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 York; (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 York 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 winners’ list, mail a self-addressed stamped envelope to “Nabisco Dunk” Sweepstakes Winner List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Requests must be received by July 21, 2021. Winners’ list will be available after July 5, 2021 provided all winners have been confirmed.
Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor or Judges only, and NOT to Instagram.
All trademarks used herein are the property of their respective owners.