The Cheesecake Factory #OREODreamExtreme (the "Sweepstakes") is sponsored by HireInfluence, Inc. with offices located at 6516 N. Gessner Dr., Houston, TX 77040 ("Sponsor"). Sponsor, its subsidiaries and affiliates, and any other companies or agencies associated with the Sweepstakes (such as advertising, promotion, fulfillment or judging agencies and including without limitation Mondelēz Global, LLC (“MG”), hereinafter will be referred to as the “Sweepstakes Entities.”
Participation in the Sweepstakes constitutes the entrant's ("you" or "your") full and unconditional agreement to and acceptance of these Official Rules, including the decisions and interpretations of Sponsor and/or the judges, which are final and binding on all matters relating to the Sweepstakes.
The Sweepstakes is no way sponsored, endorsed, administered by, or associated with Instagram, Inc. (“Instagram”). Instagram is not affiliated with Sponsor in any way.
- NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. Maximum one (1) entry per person during the Sweepstakes Period (as defined below).
- Sweepstakes Dates: The Sweepstakes begins on June 29, 2020 at 12:00 AM Eastern Time (“ET”) (the “Sweepstakes Start Date”) and ends on July 17, 2020, at 11:59 PM ET (the “Sweepstakes End Date”). The period from the Sweepstakes Start Date through the Sweepstakes End Date is referred to as the “Sweepstakes Period.” Sponsor’s designated computer is the official time clock for the Sweepstakes.
- Who Can Enter: The Sweepstakes is open to all legal residents of the United States and the District of Columbia who are at least 18 years or older at the time of entry (nineteen (19) years old or older for Alabama and Nebraska residents). Employees of the Sweepstakes Entities and the immediate family members (defined as parents, parents-in-law, children, siblings and spouse (including common law), regardless of where they reside) of each employee are not eligible to enter the Sweepstakes or win Sweepstakes prizes. Any other persons with whom such employees are domiciled are also not eligible to enter the Sweepstakes or win Sweepstakes prizes.
- How to Enter: During the Sweepstakes Period, enter the Sweepstakes by visiting 1 (one) of the 2 (two) Mondelēz sponsored Instagram posts (the “Posts”) and following the included instructions. To enter the Sweepstakes, each entrant must tag/mention the valid Instagram username of two personal friends in the comments section of the sponsored post and agree to the Official Rules along with the hashtags #OREODreamExtreme and #Contest. Entrants must use stated hashtags in their post as a condition of entry. Entrants must have permission from the tagged/mentioned friends to use their names in connection with this Sweepstakes.
In addition to complying with all other requirements of these Official Rules, each Entry must not contain any content that is profane, obscene, disparaging or is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor or Mondelēz, in their sole discretion.
If you choose to enter using a wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check our phone’s capabilities for specific instructions.
If you do not have an Instagram account, you can visit https://instagram.com and create an Instagram account according to the instructions on the website. Creating an Instagram account is free. Please note that you must agree to comply with the Instagram Terms of Service in order to create an Instagram account.
By entering, entrants confirm that they agree to Instagram’s term of use.
Unless otherwise prohibited by law, you, on behalf of yourself further agree that the Sponsor and those acting pursuant to the authority of Sponsor may use your name, photograph, image, likeness, voice, opinions, hometown, state of residence, statement and any other identifying characteristics, including, but not limited to the taking of photographs and/or videos, in any manner and in any medium, now known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity, without further notice, review, approval or authorization by you and without payment or consideration to you, unless prohibited by law. You further agree to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein. You, on behalf of yourself (and/or, if applicable, your minor child(ren) or ward(s)), waive any right to inspect or approve any such use of any and every nature and kind.
- Limitations on Entry: There is a limit of one (1) entry per person during the Sweepstakes Period. If more than one entry is received from an entrant, only the first entry will be included and later entries will be disqualified. Each potential Prize Winner may be required to provide valid and legal proof of identification. All entries must be fully and accurately completed. Use of any automated system to participate in the Sweepstakes or subvert the entry process is prohibited and will result in disqualification and all associated entries will be void. Sweepstakes Entities will not be responsible for incomplete, inaccurate, late, or stolen entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. In the event of a dispute over the ownership of an entry, entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person(s) assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.
- Selection of the Prize Winners: Within ten (10) business days of the end of the Sweepstakes Period, Sponsor will randomly select four (4) entries from all eligible entries received during the Sweepstakes Period, to win a prize (“Prize Winners”). All decisions concerning the award and elements of the Sponsored Prize are solely within the discretion of Sponsor. Odds of winning depend upon the number of eligible entries received.
No more than four (4) Sponsored Prizes will be awarded for any reason. In the event of any technical errors, tampering, programming error, malfunction, or error of any kind that results in more than four (4) entrants being notified that they are a Prize Winner, then all such claimants shall be placed into a random drawing, and four (4) eligible entries will be randomly selected from all entrants receiving a prize winner notification or submitting a prize winning claim. The maximum number of prize awards are as listed above, regardless of the number of entrants who claim to have received, or who have actually received a prize winner notification.
- Prize Details: The Prize Winners will each receive a $25.00 (twenty-five dollar) value gift card valid for redemption at any participating locations of Cheesecake Factory.
The total estimated retail value of the Sponsored Prizes is $100.00 (one-hundred dollars ). The Sponsored Prize is not transferable or exchangeable and cannot be redeemed as cash. In the event any scheduled prize is unavailable at time of prize award for any reason, Sponsor reserves the right to substitute an alternate prize of equal or greater value at its sole discretion. Gift cards subject to terms and restrictions.
- Awarding of Prizes: If your entry has been drawn as a Sponsored Prize Winner, you will be contacted within ten (10) days after the drawing via direct messaging on Instagram, to confirm your entry and eligibility. If Prize Winner does not meet all eligibility requirements, has not complied with these Official Rules, cannot be contacted, does not respond within seven (7) days from the date Sponsor first tries to notify him/her, and/or the prize notification is returned as undeliverable, he or she forfeits all rights to claim or receive the Sponsored Prize. Upon forfeiture of a prize, an alternate Prize Winner will be selected using the methods described above. Any disqualified entrant will not receive any alternate prize substitution or compensation. By accepting the Sponsored Prize, the Prize Winner acknowledges compliance with these Official Rules. If a Sponsored Prize is not won and claimed by an eligible entrant in accordance with these Official Rules, it will not be awarded and will remain the property of Sponsor. As a condition to receiving any prize, Prize Winners may be required to submit an affidavit of eligibility (including without limitation certification of address (no P.O. Boxes) and state of residency) and a copy of a valid driver’s license and other identification required by Sponsor. Each Prize Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. THE SPONSORED PRIZE IS AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
- Publicity: Acceptance of a Prize constitutes permission for the Sweepstakes Entities to use the Prize Winner’s name, likeness, photo, voice and comments for advertising and promotional purposes worldwide in any media without limitation and without additional compensation unless prohibited by law. Each Prize Winner may be required to submit a liability/publicity release (where permitted) and a photograph of him or herself to be used for publicity purposes.
- Disqualification: The following are prohibited and will result in automatic disqualification from the Sweepstakes: (1) using any method that artificially increases odds of winning, including without limitation Internet bots, web robots, www robots or any other type of bots; (2) non- compliance with these Official Rules; and (3) any other act that the Sweepstakes Entities determine, in their sole discretion, jeopardizes the integrity of the Sweepstakes.
- Release of Liability: By entering the Sweepstakes, each entrant (a) agrees to be bound by these Official Rules and the decisions of Sponsor or its designees, which shall be final and (b) agrees to release and to hold the Sweepstakes Entities, Instagram, and their respective parents, shareholders, directors, officers, employees, representatives, agents, affiliates, subsidiaries, and legal advisors, harmless against any and all claims, losses, rights, liabilities and damages, and actions of any kind arising out of their participation in the Sweepstakes and/or the acceptance and use of any prize (including without limitation any travel or activity related thereto). The foregoing release includes, but is not limited to, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances shall any of the Sweepstakes Entities have any liability or responsibility for: (1) incorrect or inaccurate entry information, or faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to or theft, destruction or alteration of entries at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Sweepstakes; (4) inaccessibility or unavailability of the Internet or a Sweepstakes site or any combination thereof; (5) any injury or damage to a participant’s or to any other person’s computer, tablet, mobile device or other electronic device that may be related to or result from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes; or (6) any typographical error or other error in these Official Rules or in any other communication relating to the Sweepstakes. All entries become the property of Sweepstakes Entities.
- Arbitration/Choice of Law: Except where prohibited by law, as a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS pursuant to its Streamlined Arbitration Rules and Procedures and held at JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Entrant further agrees that 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. 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, Sponsor, MG and/or other Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.
- General Terms and Conditions: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. This Sweepstakes is void where prohibited by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements as set forth herein. Sponsor is not liable for any injury or damage to an entrant’s or any other person’s computer or its contents related to or resulting from participation or downloading any materials in this Sweepstakes, or other technical difficulties or failures or other errors of any kind. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, unauthorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the end of the Sweepstakes Period, Sponsor reserves the right to award prizes in a random drawing from among all non-suspect, eligible entries received before the termination date/time.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Prize Winners’ Names and Official Rules: To obtain a winners list and/or a copy of these Official Rules by mail, send a self-addressed stamped envelope to HireInfluence, Inc. Winners List, #OREODreamExtreme, 6516 N. Gessner Dr., Houston, TX 77040. Mail must be postmarked by 11:59 PM ET on July 30, 2020.
Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Instagram or MG.