Trident Vibes Bursting With Flavor Sweepstakes

Trident VIBES “Bursting With Flavor” 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.
 
Trident VIBES “Burst With Flavor” Sweepstakes (the “Promotion”) starts January 21, 2019 at 11:00:00 am U.S. Eastern Time (“ET”) and ends February 18, 2019 at 11:00 a.m. ET (“Promotion Period”).
 
Eligibility:
Promotion is open to residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age. Employees, officers, and directors of Mondelēz Global, LLC., Instagram, TMPG (“Sponsor” & “Judges”) and their respective parents, subsidiaries, affiliates, promotion, related companies, agencies, and agents and members of their immediate family (defined as spouse, parent, sibling or child, and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, officers, and directors whether or not related, are not eligible to enter or win.  Void 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, LLC.
 
How to Enter:
 
Step 1:Create a Boomerang, video or photo using Instagram showing how you are  #BurstingWithFlavor while enjoying Trident VIBES Gum.  Any video entries must not include copyrighted music. See more prohibited content below.
 
Step 2:  During the Promotion Period, you will have to follow @TridentVibesSweepson Instagram (Instagram.com) and share your Boomerang, video or photo of how you Burst With Flavor while enjoying Trident VIBES and share it on Instagram, tagging @TridentVibesSweeps and using the hashtag #BurstingWithFlavor and #Entry for a chance to win! A purchase of Trident Vibes Gum is not required in order to enter.  Entries will not be judged.  The hashtag must be used to be eligible.
 
An Instagram account is required to enter and can be opened for free at Instagram.com.When you join Instagram, you are indicating that you have read and agree to accept the Instagram Terms of Service and Privacy Policy.  If you already have an Instagram account, you will have to sign into your account and become a follower of @TridentVibesSweeps. Your Instagram account must be set to “public” in order for your Submission to be considered. You can make your Instagram account “private” any time after the conclusion of the Sweepstakes when the winners are announced.All entries become the sole property of the Sponsorand will not be returned.  All entries must be received between January 21st, 2019 and February 18th, 2019 to be eligible.
 
As an alternative entry, you may also enter the Sweepstakes by hand printing your full name, address (including city and zip code), daytime telephone number, date of birth, e-mail address on a 3 ½” x 5” card and mailing it in an envelope with proper postage affixed to: Trident VIBES “Bursting With Flavor”Sweepstakes Entry, 711 Westchester Ave, Suite 102, White Plains, NY 10604.  Entries must be postmarked by the entry deadline and received no later than three (3) days thereafter.  
 
Limit one (1) entry per person and per Instagram account / username and/or alternative mailing entry for the duration of the Promotion Period. Multiple entries received from any person or Instagram handle in excess of the stated limitation will be void.
 
Any attempt by any individual to exceed the above-indicated entry limits by using multiple/different e-mail or IP 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, its promotional partner Mondelēz Global, LLC,Instagramand their respective agencies are not responsible for late, lost, garbled/illegible, misdirected, incomplete or invalid submissions, all of which are void and will not result in Sweepstakes entry. Proof of transmission of completed entry does not constitute proof of receipt of same or proof of entry in Sweepstakes. In the event of dispute as to the identity or eligibility of potential winner, the winning entry will be declared made by the “Authorized Account Holder” of the Instagram account used to enter the Sweepstakes 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/
 
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 post/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 post using your mobile phone, standard text messaging and data fees for messages sent and received may apply to use of mobile device for Sweepstakes entry
 
By submitting a post/entry, you represent and warrant that the post/entry:
(a) is solely your original work product (DO NOT post another’s person’s post/entry);
(b) does not infringe upon the rights of any third party;
(c) has not been previously published or have won any award in a contest or competition;
(d)  is truthful in all material respects.
 
Post/entry will be disqualified and Sponsor may take all actions it deems necessary and appropriate to protect its rights (including petitioning Instagram to have the post removed), if Sponsor determines in its sole discretion that post/entry:
(a) is inappropriate or unfit for publication (e.g., includes hate speech or obscenity);
(b) reflects adversely upon and could damage the goodwill and business reputation of Sponsor, Mondelēz Global, LLC., the Trident VIBESGumbrands or any other entity associated with the Sweepstakes;
(c) violates the rights of any third party, including but not limited to infringement of a party’s trademark, copyright or other intellectual property rights, is libelous or defamatory;
(d) advocates alcohol or drug use, violent activity or illegal conduct of any kind.
 
POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR MONDELĒZ GLOBAL, LLC.IN ANY MANNER.
 
Subject only to the rights reserved by Instagram as operator of its social network, entrant grants to Sponsor and its designees (including Mondelēz Global, LLC.) the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicense able right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her post/entry 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. Entrant waives any “Moral Right of Authors” (Droit Moral) in the post/entry.
 
 
Prize Drawing:
There will be one (1) prize in the Promotion: The prize winner will be selected in a random drawing held from among all eligible entries received during the Promotion Period. For the avoidance of doubt, provided that it is eligible under these Official Rules, the content of a post/entry will have no bearing on the winner selection process. The drawing will be conducted by Judges, on or about February 25th, 2019.
 
Prize, Odds of Winning and Winner Notification:
Only one (1) Prize winner will win one (1) $500 American Express® Gift Card*.
ARV: $500.
 
*(Used for prize identification purposes only; no endorsement/sponsorship is intended or implied.)
     
Use of gift card is subject to terms/conditions indicated thereon which may include expiration
date (where lawful). Winner is solely responsible for any applicable federal, state, and local 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, potentialwinner 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.
 
Sponsor’s decision is final and binding on all matters relating to this Promotion.  Potential winner will be followed by @TridentVibesSweeps and will receive a personal direct message on Instagram from @TridentVibesSweeps asking them to submit the required information. If any potential winner unfollowed @TridentVibesSweeps after entering sweepstakes, @TridentVibesSweeps will also ask potential winner to re-follow @TridentVibesSweeps in order to receive personal direct message.Potential winner must then respond to a direct message with all requested prize claim information (including 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 fulfilled 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.
 
Odds of winning depend on the total number of eligible entries received.
 
General Conditions:
Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion.
 
In such event, Judges will select the winner via random drawing comprised of all eligible entries received prior to (and/or after, if appropriate) the action taken by Judges or by some other means deemed by Judges in its 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 orundermine 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, if appropriate). Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
 
Publicity Release:
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’sname, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in any media without geographic or time limitation, and without additional payment or consideration.

Liability Release:
By entering, entrant agrees to release and hold harmless Sponsor, its partners, Instagram,Mondelēz Global, LLC.,and TMPG, their respective related companies, and each of their respective officers, directors, employees, and agents, 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.
 
Limitations of Liability:
Sponsor, its partners and agencies, Instagram, Mondelēz Global, LLC., and TMPG (collectively, “Released Parties”) are not responsible for and you hereby release the Released Parties from any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, incomplete, misdirected entries, or entries  received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, mobile device,computer, network, hardware, or software (this also includes the inability of Sponsor to receive posts/entries due to filtering by Instagram and the inability of @TridentVibesSweeps to contact potential winner via direct message); (3) the unavailability or inaccessibility of website or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on website whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of submitted entries; or (6) 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, agency, or a third party, and regardless of whether the material is connected to a Sponsor’s or its agency’s website by a hypertext link.
 
Disputes / Choice of Law:
To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize  shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Westchester County, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) 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 Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in Westchester County, New York.
 
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Winner List:
For a copy of the winner list, mail a self-addressed stamped envelope to Trident VIBES “Bursting With Flavor” Sweepstakes Winners List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604.  Requests must be received by February 25, 2019.