Sweepstakes Official Rules

Mikaela Shiffrin Instagram Sweepstakes

Official Rules

(August 31, 2017)

This “Mikaela Shiffrin Instagram” Sweepstakes is sponsored by Barilla America, Inc., 885 Sunset Ridge RD, Northbrook IL, 60062. Sweepstakes begins at 12:30 PM ET on August 31, 2017 and ends at 11:59 P.M. (ET) on August 31, 2017. The Sweepstakes will award winners with the prizes described below in the section of these Official Rules titled “Prizes."

 

These are the “Official Rules” that govern the Sweepstakes. In these rules, “sponsor” “we,” “our,” and “us” refer to Barilla America, Inc. An eligible Sweepstakes entrant will be referred to as “you” or “Entrant.”  By entering, you agree to these Official Rules.

 

This Sweepstakes is not sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Barilla America, Inc. and not to Instagram. Any questions, comments, or complaints regarding the Sweepstakes should be directed at Barilla America, Inc., and not to Instagram. 

 

ELIGIBILITY

The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia (excluding Rhode Island, Puerto Rico and any U.S. territories or possessions).  All Entrants must be eighteen (18) years old at the time of entry. Employees, officers, and directors of Barilla America, Inc. (including its affiliates and subsidiaries), any advertising and promotion agencies, legal and financial advisors and any and all other entities associated with this Sweepstakes and the members of their immediate families (defined as spouse, parents, siblings or children) or households (whether or not related) are not eligible to enter or win.  

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

SWEEPSTAKES PERIOD: This “Mikaela Shiffrin Instagram” Sweepstakes begins at 12:30 PM ET on 08/31/2017 and ends at 11:59 p.m. ET on 08/31/2017 (“Sweepstakes Period”).

 

HOW TO ENTER

August 31, 2017

Access your Instagram account and the sweepstakes image on the @BarillaUS Instagram account posted on 08/31/2017, and “comment” on the image from your Instagram account during the Sweepstakes Period to receive one (1) entry into the Sweepstakes (“Entry”). Each Entrant may submit only one (1) Entry during the Sweepstakes Period. Barilla America, Inc. reserves the right to reject any Entry if, in the sole opinion of Barilla America, Inc. acting in its sole and absolute discretion, the Entry does not abide by these Official Rules or is otherwise inappropriate. Other than as set forth in these Official Rules, all information submitted by Entrant will be subject to Barilla America, Inc.’s Privacy Policy, which is found at https://www.barilla.com/en-us/privacy-policy.   

 

Limit one (1) entry per person per Instagram account per household during the Sweepstakes Period. Additional entries received from any such person/Instagram account thereafter will be void.  

 

REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by Barilla America, Inc., in its sole discretion, any content that:

  • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • is obscene or offensive; endorses any form of hate or hate group;  
  • defames, misrepresents or contains disparaging remarks about other people or companies;
  • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as personal names or e-mail addresses;
  • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
  • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; 
  • contains look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
  • violates any law or terms of use.

 

WINNER SELECTION/DRAWING: 

Within one (1) business days of the end the Sweepstakes Period, Sponsor will conduct a random drawing from among all eligible Entries received to select one (1) potential grand prize winner and five (5) “runner up” potential winners. Odds of winning depend upon the number of eligible Entries received.

 

WINNER NOTIFICATION: Potential winners will be notified via direct message on Instagram and may be required to complete and return an Affidavit of Eligibility, IRS W9 form, and Release of Liability/Publicity within ten (10) days of date of notification or an alternate winner may be selected in a random drawing from among all remaining eligible Entries. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the applicable drawing.

 

In the event that a potential winner (a) cannot be contacted directly by Barilla America, Inc. within forty-eight (48) hours from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, Barilla America, Inc. in its discretion may disqualify that individual and an alternate potential winning entry will be selected by random drawing from among the eligible entries submitted. An alternate winner is subject to all eligibility requirements and restrictions of these Official Rules. Barilla America, Inc. will conduct up to three (3) alternate selections. If Barilla America, Inc. is unable to confirm an eligible winner for the prize after three (3) alternate selections, no further selections will be conducted for the prize and the prize will not be awarded.

 

PRIZE: One (1) grand prize valued at $350 (one (1) year supply of ProteinPLUS which is provided as manufacturer coupons redeemable at almost all retail grocery stores (some restrictions may apply), Nambe serving bowl, and other misc. Barilla swag) and five (5) “runner up” prizes valued at $20 each (one (1) trucker hat + coupons).  

 

PRIZE RESTRICTIONS

No substitution or transfer of prize permitted by winner. Winner is responsible for all applicable taxes related to accepting the prize.  Barilla America, Inc. reserves the right to substitute a prize of equal or greater value. Unclaimed prizes will not be awarded, at Barilla America, Inc.’s option.  The prize carries no warranty other than that offered by the manufacturer. Barilla America, Inc. has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. The odds of winning depend on the number of entries received, and a purchase by the Entrant will not improve the odds of winning.  The results of the Sweepstakes are final and binding.

 

PUBLICITY RELEASE

Subject to applicable law, if awarded a prize, Entrant irrevocably grants  Barilla America, Inc. the right to use the Entrant’s name, likenesses, biographical information and Entry, for purposes of this and future promotions without further compensation, except where prohibited.

 

RELEASES, WAIVERS AND DISCLAIMERS

By entering, Entrant agrees to release, discharge and hold harmless Barilla America, Inc., Instagram, and Mikaela Shiffrin, and each of their respective parents, subsidiaries, affiliates, agents, representatives, retailers, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, which may be due to or arise out of Entrant’s participation or entry in the Sweepstakes or any portion thereof, or the acceptance, use/misuse or possession of prizes (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property).

 

Without limiting the foregoing, Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by the Released Parties; interruption or inability to access the Sweepstakes or Instagram, or Released Parties’ or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from Entrant’s participation or entry in the Sweepstakes and releases all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize awarded in connection with the Sweepstakes, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

 

SUSPENSION/ MODIFICATION / TERMINATION

In the event that Barilla America, Inc. is prevented from continuing with the Sweepstakes by any event or other cause not reasonably within its control (each a “Force Majeure” event or occurrence), Barilla America, Inc. shall have the right to modify, suspend or terminate the Sweepstakes. Barilla America, Inc. reserves the right to modify, suspend or terminate the Sweepstakes (including, without limitation, make changes to these Official Rules) without notice or by posting a notice on https://www.instagram.com/barillaus/  or https://www.barilla.com/en-us, in their sole and absolute discretion, including, but not limited to, if in their sole and absolute discretion, it is determined that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Sweepstakes. Barilla America, Inc. will have the authority to shorten or extend the Sweepstakes Period.

 

GOVERNING LAW / LIMITATION OF LIABILITY

VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply including without limitation all IRS reporting and withholding regulations. By participating, you agree to be bound by the Official Rules posted on Barilla USA’s Facebook page at: https://www.facebook.com/BarillaUS/  and Barilla America, Inc.’s Privacy Policy, which is found at https://www.barilla.com/en-us/privacy-policy. The Sweepstakes will be construed and evaluated only according to United States law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.  Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York, New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.  

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

MISCELLANEOUS

Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.  Barilla America, Inc. reserves the right to prohibit any Entrant from participating in the Sweepstakes if, at its sole discretion, Barilla America, Inc. finds such Entrant to be tampering with the entry process or the operation of the Sweepstakes, or if such Entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner  Barilla America, Inc. determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Barilla America, Inc.; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Sweepstakes in any way will be ineligible for the prize and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules including by using an automated device or by using more than one e-mail address or Instagram account. Any failure by Barilla America, Inc. to enforce any of these Official Rules shall not constitute a waiver of such 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

 

A copy of these Official Rules and the Sweepstakes results may be obtained by sending a self-addressed, stamped envelope (Vermont residents may omit return postage) to Barilla America, Inc., 885 Sunset Ridge RD, Northbrook IL, 60062. Indicate whether Entrant is requesting the Sweepstakes results or a copy of these Official Rules or both. Requests must be received no later than sixty (60) days after the end of the Sweepstakes Period.




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