Mondelez Global Ritz – Friendsgiving Chef Service With Marcus Samuelsson Sweepstakes
RITZ Friendsgiving Chef Service
with Marcus Samuelsson
OFFICIAL RULES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
OPEN TO LEGAL RESIDENTS OF NEW YORK,
CONNECTICUT, AND NEW JERSEY
21 YEARS AND OLDER.
The Sweepstakes is no
way sponsored, endorsed, administered by, or associated with Instagram.
Instagram is not affiliated with Sponsor in any way.
1. TO ENTER: RITZ Friendsgiving Chef
Service with Marcus Samuelsson (the “Sweepstakes”),
sponsored by Mondelēz Global LLC (“Sponsor”), begins at approximately
9:00 am ET on October 25, 2022 and ends at 11:59 pm ET
on November 1, 2022 (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 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 apply. Please consult your
wireless service provider regarding its pricing plans prior to entering via
your wireless mobile device. A wireless mobile device is not required to enter the
Sweepstakes. None of the “Promotion Parties” (defined below in
Section 3) shall be responsible for any message or data rate charges which may
apply. You may not use a corporate
or shared account.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period:
(1)
Follow
@ritzcrackers on Instagram;
(2)
Locate
the Instagram post posted by @ritzcrackers and @marcuscooks that advertises
this Sweepstakes (herein “Sweepstakes Post”);
(3)
“Like”
a Sweepstakes Post; and
(4)
Comment
on the Sweepstakes Post by @mentioning one (1) friend 21 years of age or older
with whom you have a personal relationship (with their permission, see Content
Restrictions below) (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 Sweepstakes 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 or
tag 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, 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 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 individuals unless entrant has consent to include these other individuals
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 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 the 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 consent to give Sponsor (as defined in Sections 1 and 10) 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 will sign any documentation that may be reasonably
required for Sponsor to make use of the non-exclusive rights entrant is
granting in and to the Entry. Each entrant 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 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 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 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 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 Connecticut, New Jersey, and New York,
who are 21 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 Connecticut,
New Jersey and New York, 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 winner. Administrator will select one
(1) potential Sweepstakes winner in a random drawing from all Entries received
during the Sweepstakes Period on or around November 2, 2022. The potential winner will be notified via direct message
from @ritzcrackers on Instagram after the date of the drawing and will be directed
to a secure website where winner will be required to sign and return a
Declaration of Compliance, Liability Waiver and 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. If the potential winner cannot be contacted, fails 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 prize will not be awarded if it remains unclaimed. The prize will be
awarded provided it is claimed properly in accordance with these Official Rules.
Odds of winning the prize will depend on the
number of eligible Entries received during the Sweepstakes Period. Receiving the prize is contingent upon
compliance with these Official Rules.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) prize will be
awarded, consisting
of A “Friendsgiving” dinner for the winner and up to nine (9) guests
in a private room at Hav + Mar in New York City (https://www.havandmar.com/) on November 14, 2022,
including a check for $2,000 to be used by winner towards transportation to and
from restaurant, and a check for $1,590 to be used by winner towards taxes
associated with prize acceptance. Please note: There exists an inherent risk of
exposure to COVID-19 in any public place where people are present. COVID-19 is
a contagious disease that can lead to severe illness and death. By traveling
and attending event, winner and winner’s guests voluntarily assume all risks
related to exposure to COVID-19. Winner must accept prize in its entirety on
the event date determined by Sponsor in its sole discretion or prize will be
forfeited. Sponsor is not responsible if dinner is
delayed, postponed or cancelled for any reason, in
which event that portion of prize is may be forfeited in its entirety and any
substitution will be provided in Sponsor’s sole discretion.
Winner’s guests must be twenty one (21) years of age or older subject to the
following exception: A guest may be under twenty one (21) years of age if s/he
is the child or legal ward of the winner. Each guest may be required to execute
a Liability/Publicity Release as a condition of attending the dinner. If the
guest is a child or legal ward of winner and under twenty one (21) years of age, the
Liability/Publicity Release must be executed by the winner.
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. Total ARV of the prize is $6,890.
The prize conists
only of the elements described above. All other expenses related to attendance
at the dinner will be the responsibility solely of the winner and guests. Such
expenses include, but are not limited to, lodging, gratuities and any food or
beverage that is not provided as part of the meal.
No more than one (1)
prize will be awarded for any reason. If more than one (1) prize notification is
issued, the one (1) intended prize will be awarded in a random drawing from
among all recipients of such notifications. Prize elements are awarded “as is” without
warranty of any kind, express or implied, on the part of the Sponsor.
6. GENERAL RULES: The winner is
responsible for paying all applicable local, state and
federal taxes on the prize, and will be issued an IRS Form 1099 for the stated
value of the prize. By entering Sweepstakes,
entrants accept and agree to these Official Rules and the decisions of the Administrator,
which shall be final in all matters. By entering Sweepstakes, entrants further agree
to release and hold Promotion Parties, Instagram, Inc., their respective
parents, subsidiaries, affiliates, directors, officers, employees and assigns,
promotion agencies and agents harmless from and against any
and all claims and liability arising out of participation in the
Sweepstakes or use or redemption of the prize (if applicable). Acceptance of the
prize constitutes winner’s 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. 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 or other 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 winner. If, in the Administrator’s opinion,
there is any suspected evidence of tampering with any portion of the Sweepstakes,
or if technical or other 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 prize 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 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 be permitted to obtain awards for, and entrant 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 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 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. Entrant’s
Personal Information: Information collected
from entrants is subject to Sponsor’s Privacy Policy.
9. WINNER’S NAME: For the name of the winner, click here.
The winner’s name 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.
