NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Barilla® Pasta World Championship Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty one (21) years old at the time of entry. Citizens of the European Union may not participate. Employees of Barilla America, Inc., Merkle, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Barilla America, Inc., 885 Sunset Ridge Road, Northbrook, IL 60062. Administrator: Merkle, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins on February 20, 2020 at 12:00 a.m. Eastern Time ("ET") and ends on March 25, 2020 at 11:59 p.m. ET (the "Promotion Period"). Twitter/Instagram's servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation Requirements: To participate, you will need to have a Twitter or Instagram account (each a “Social Account”). Creating each Social Account is free but is subject to the applicable terms and conditions: (http://twitter.com/tos) or (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your tweets or posts are viewable by Sponsor.
Entry Requirements: During the Promotion Period you can enter on Twitter or Instagram by taking the following actions to receive one (1) entry:
- Take a photo or screen shot of your favorite chef participating in Barilla’s USA Qualifying Event for the Barilla® Pasta World Championship (herein “Qualified Photo”).You can find the images of the U.S. chefs (“Chef(s)”) at www.Barilla.com/PWC2020 or alternatively if you are at the South Beach Food & Wine festval you can visit the Barilla booth.
- Post the Qualified Photo on Twitter or Instagram and include the hashtags #PastaWorldChampionship #Sweepstakes and one of the following hashtags consistent with chef you selected to display in your social post:
Your tweet or post need not include any other references, positive or negative, to Sponsor’s products or services. Retweets, Instagram stories, and Instagram posts where the hashtag is included in a comment rather than the caption of the original post will not be deemed a Submission.
Content Restrictions: Tweet/post and its included content will hereafter be referred to as your Submission. Your Submission, excluding the Qualified Photo, must be your original work. If you include the names or likenesses of other individuals, except the featured Chefs, you must have their permission to be included and to grant the rights set forth in Section 5. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Your Submission may not be indecent, obscene, hateful, tortious, defamatory, libelous, contain material that violates or infringes another’s rights, disparage Sponsor, any of the featured Chefs, or any other person or party, or contain material that is unlawful in any way. The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission. Sponsor reserves the right to disqualify any Submission that it finds unlawful, or in violation of these Official Rules, all in its sole discretion.
You will receive one (1) Sweepstakes entry if your Submission meets the Entry Requirements and Content Restrictions described above
Limit: You may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same Social Account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Social Accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.
Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Social Account. The potential winner may be required to show proof of being an authorized account holder.
5. Sponsor’s Use of Submissions: Tweeting/posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions 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. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
6. Grand Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible Submissions received during the Promotion Period, on or around March 26, 2020. The potential winner will be notified by @BarillaUS through the social account used for the Submission selected as the potential winner. If the potential winner entered through Twitter, he/she will be asked to follow @BarillaUS in order to receive prize claim instructions. The potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration") which must be received by Administrator, within two (2) days from the initial date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Up to two (2) alternate drawings will be held, time permitting, after which the prize will remain un-awarded.
7. Prize: ONE (1) GRAND PRIZE: A trip for two (2) to Pebble Beach, CA to attend Barilla’s USA Qualifying Event for the Barilla ® Pasta World Championship (“Event”) April 15 – 19, 2020. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to San Francisco, CA; four (4) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); an allowance for a rental car for length of stay; $3,900 check that may be used for spending money and/or assistance with tax liability associated with acceptance of the prize; and two (2) tickets the following events: the World Pasta Championship event and opening night party and after party on Thursday, Friday lunch event and Saturday Grand Tasting. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited.
Winners are obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be at least twenty-one (21) years old at the time of travel and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if Event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $12,980. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible Submissions received during the Promotion Period.
8. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, Twitter, Inc., Instagram, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Social Account profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible Submissions received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Submission process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. 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.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants or Submissions, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Submissions; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's Submission is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) 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. 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.
14. Winner List: For a winner list, visit http://bit.ly/328vkCo. The winner list will be posted after winner confirmation is complete.
© 2020 Merkle, Inc. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc./Instagram, LLC.