Pasta On Deck Sweepstakes Rules

NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OVER AS OF DATE OF ENTRY.

1. Sweepstakes Period: The Barilla ‘Pasta on Deck’ Giveaway (the “Sweepstakes”) begins at 10:00 a.m. Central Time (“CST”) on September 27, 2023 and ends at 12:00 p.m. CST on September 30, 2023 (the “Sweepstakes Period”). The entire duration of the Sweepstakes runs until potential winners have been notified, verified, and prizes have been awarded (“Entire Sweepstakes Period”).

    

2. Eligibility: Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of date of entry. Officers, directors, and employees of Barilla America, Inc. (“Sponsor”), We Are Social LLC (“Agency”), and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and each of their respective shareholders, directors, officers, members and agents and their immediate family members (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each, are not eligible to participate or win. Void outside the eligibility area and where prohibited by law and subject to all federal, state and local laws. Persons must have a currently active Instagram profile in order to be eligible to participate in this sweepstakes.

    

3. How To Enter: During the Sweepstakes Period, you can enter the Sweepstakes by following @BarillaUS on Instagram, liking and tagging someone else in the comments on the post published by @BarillaUS on September 27, 2023 at 10.a.m CST. Users are limited to one (1) entry.

    

Limit one (1) entry per person. Entries in excess of that limit will not be considered. The person uploading the Entry will be deemed the entrant (the “Entrant”). In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Instagram handle used to enter will be deemed to be the Entrant. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile services may apply. Entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication methods are ineligible and may be disqualified.  Sponsor reserves the right to disqualify any individual and all Entries using such methods.

 

4. Random Drawing: At the end of the Sweepstakes Period, 50 (fifty) Prize winners will be selected in a random drawing on or about October 1^st , 2023 from among all eligible Entries. The random drawing will be conducted by the Sponsor, whose decisions are final on all matters relating to the drawing. The “Released Parties” (as defined below) shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, the potential winner does not respond within the time period specified in the prize notification, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, potential winner may be considered to have forfeited their prize and an alternate winner may be selected. If potential winner is found to be ineligible, or they have not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.

    

5. Prizes and Actual Retail Values (“ARVs”): Prize (50 total): Each Prize consists of: one (1) deck of cards, two (2) Barilla Red Lentil or Chickpea pasta boxes, one (1) bag, (1) spaghetti measurer Tool (1) cooking spoon. The ARV of each prize is approximately $60. Prizes will be awarded provided a sufficient number of eligible Entries are received. All federal, state and local taxes are the sole responsibility of winner. Limit one (1) prize per person. 

    

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize or prize kit component furnished in connection with the Sweepstakes. Sponsor reserves the right to substitute a prize (or prize kit component) of equal or greater value. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

6. General Rules: Prizes will be shipped to winners using the address provided via Instagram direct message response to @BarillaUS after the conclusion of the Sweepstakes Period. By entering the Sweepstakes, all entrants agree to receiving an email from the Sponsor or Agency notifying them if they have won a prize, at the conclusion of the Sweepstakes Period. The Sponsor or Agency will not reach out to non-winning Entrants. The Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules or declines a prize for any reason prior to shipment, such potential winner will be disqualified, and an alternate winner may be selected. Winners and all Entrants, as a condition of entry into the Sweepstakes and use of prize, agree to: a) release and hold harmless: Sponsor, Agency, and each of their respective agencies, administrators, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes, and any social media channel utilized, announcement or administration of the Sweepstakes, including Meta, Facebook, and/or Instagram (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry, or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of the prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes; and (b) defend and settle any claims against Entrant, at Entrant’s sole cost and expense, that arises as a result of Entrant’s participation in the Sweepstakes. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Sweepstakes or use or misuse or redemption of any prize. Acceptance of prize constitutes permission to use Entrant’s name, likeness and Entry (as applicable) for promotional purposes (including any possible public relations opportunities) without further compensation, except where prohibited by law. By participating in the Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Judges. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human error which may occur in the processing of the Entries in the Sweepstakes, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. Further, the Released Parties shall have no obligation or responsibility with regard to any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Instagram account and /or profile used to enter will be deemed to be the Entrant. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel the Sweepstakes and select the winning Entries from among all eligible Entries received prior to cancellation, as outlined above. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. Entries generated by script or bot are not eligible. As a condition of participating in the Sweepstakes or winning a prize, Entrant (and any minor Entrant’s parent or legal guardian) agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.

    

7. Privacy: Information collected as part of the Sweepstakes will be used for the purposes of this Sweepstakes and as set forth at Sponsor’s Privacy Policy.https://www.barilla.com/en-us/privacy-policy.

    

8. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEESPTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

    

9. Arbitration Provision: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Illinois; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

    

10. Social Network Release And Disclaimer: Each Entrant acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Meta, Facebook and/or Instagram. By entering the Sweepstakes, each Entrant hereby releases and agrees to hold harmless Facebook, Meta and Instagram completely from any liability in respect to the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to Sponsor and/or Sponsors’ Agency via Instagram direct message to @BarillauS and not Facebook, Meta and/or Instagram.

     

11. Winners List: For the names of the Prize winners, available after October 16, 2023, send a stamped, self-addressed envelope postmarked by November 15, 2023, to: The Barilla America, Inc.- POD Winners, 885 Sunset Ridge Rd, Northbrook, IL 60062

     

12. Sponsor: The Sponsor of the Sweepstakes is Barilla America, Inc., 885 Sunset Ridge Rd., Northbrook, IL60062.