The OREO and F’real #OREOXFREAL (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 International, Inc. (“Mondelez”), 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 July 15, 2019 at 12:00 AM Eastern Time (“ET”) (the “Sweepstakes Start Date”) and ends on August 15, 2019, 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, you can enter the Sweepstakes by posting an original photo (“Post”) to your personal account feed on Instagram or Twitter (the “Networks”), a visual representation of an OREO cookie being dunked into a F’real shake with the hashtags #OREOXFREAL or #FREALXOREO and #Sweepstakes. The image included in the Post must be owned by you, with full permission to make public under such circumstances, without violation of copyright, content rights or other intellectual property rights. A Post that includes an original photo depicting the “OREO dunk into a F’real shake,” with both #OREOXFREAL or #FREALXOREO and #Sweepstakes included as hashtags on the Post will constitute your entry into the Sweepstakes (the “Entry”). Hashtags are not case-sensitive.
BY CREATING A POST THAT INCLUDES HASHTAG #OREOXFREAL OR #FREALXOREO AND #SWEEPSTAKES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT CREATE POST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Partial or incomplete/piecemeal Posts will NOT BE ACCEPTED. The Post must be created for the sole purpose of the Sweepstakes and must be created by you. To be eligible for the Sweepstakes, the Post must be submitted individually and in compliance with rules and policies set forth by the Networks.
By submitting an entry, you represent and warrant entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If the Entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Sweepstakes Entities, the Networks, and its respective affiliates, subsidiaries, owners, employees, contractors, and representatives from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Sweepstakes Entities may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
In addition to complying with all other requirements of these Official Rules and the Networks,each Entry must not (a) be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), (c) promote or encourage any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) be obscene or offensive, endorse any form of hate or hate group; (e) defame, misrepresent or contain disparaging remarks about Sponsor or any of the Sweepstake Entities; (f) contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, (g) contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (h) contain copyrighted or trademarked 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 or musical “samples”) without the owner’s permission; (i) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (j) communicate messages or images inconsistent with the positive images and/or goodwill to which the Sweepstakes Entities wish to associate; and (k) depict, and cannot itself, be in violation of any law, as determined by Sponsor or Mondelez, in their sole discretion.
If your Network account is set to “protected mode,” or “private,” your Entry may not be viewable by Sponsor, and thus, it is required that your Network account is set to “public” in order to enter the Sweepstakes.
If you opt to access Networks via your 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 your 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.
If you do not have a Twitter account, you can visit https://twitter.com and create a Twitter account according to the instructions on the website. Creating a Twitter account is free. Please note that you must agree to comply with the Twitter Terms of Service in order to create a Twitter account.
This Sweepstakes is not sponsored or endorsed by Instagram or Twitter.
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, my 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, per household 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 five (5) 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 prize (“Sponsored Prize”) are solely within the discretion of Sponsor. Odds of winning depend upon the number of eligible entries received.
No more than five (5) 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 five (5) entrants being notified that they are a Prize Winner, then all such claimants shall be placed into a random drawing, and five (5) 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 $500.00 (five hundred dollar) value gift card. The total estimated retail value of the Sponsored Prizes is $2,500.00 (two thousand and five hundred dollars). The Sponsored Prize cannot be redeemed as cash. The Sponsored Prizes are non-assignable, non-exchangeable and non-transferable without the prior written consent of the Sponsor, which consent may be withheld for any reason and in the Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize of equal or greater value if a Sponsored Prize becomes unavailable. All details of any prize not specified herein shall be determined solely by Sponsor. All Participants agree to be bound by these Official Rules and the decisions of Sponsor and/or its authorized representatives, whose decisions in all aspects of the Sweepstakes shall be final and binding. By accepting a Sponsored Prize, each Prize Winner acknowledges compliance with these Official Rules. Prize Winners must accept delivery of prize from Sponsor, or as otherwise instructed by Sponsor. All other costs related to Sponsored Prize delivery and acceptance is the responsibility of the Prize Winners including but not limited to federal, state and local taxes. All properly claimed prizes will be awarded.
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 or Twitter, as applicable, 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.
Cancellation: Sponsor reserves the right to cancel, modify or terminate the Sweepstakes if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of the Sweepstakes, in the opinion of the Sponsor, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor, in its sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine any eligible Prize Winners from among all eligible, non-suspect entries received as of the time/date of such termination.
If due to circumstances beyond the control of the Sweepstakes Entities, any event associated with this Sweepstakes or the Sponsored Prize is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Sweepstakes and shall not be required to award a substitute prize.
- 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, you agree 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 you be permitted to obtain awards for, and you hereby waive 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 you further waive all rights to have damages multiplied or increased. You 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, Mondelez 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, #OREOXFREAL, 6516 N. Gessner Dr., Houston, TX 77040. Mail must be postmarked by 11:59 PM ET on July xx, 2019.
Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Instagram or Mondelez.