DaVinci Gourmet and “Facebook Promotion” Sweepstakes OFFICIAL RULES (“Rules”)
SURPRISE AND DELIGHT SWEEPSTAKES RULES
Visit https://www.facebook.com/DaVinciGourmet/ to enter!
- ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. To enter the DaVinci Gourmet Sweepstakes (the “Sweepstakes”), you: (i) must be a citizen of the United States or a lawful permanent resident of the United States; (ii) must be 18 years of age or older at the time of entering the Sweepstakes; and (iii) must not be considered a minor in your state of residence. The Sweepstakes is void in New York, Florida, Rhode Island, Puerto Rico, U.S. territories and possessions, and where otherwise restricted or prohibited by law. Employees, officers and directors of Sponsor (as defined below), their respective parent companies, subsidiaries, licensees, agencies and affiliates and members of the immediate families (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household (whether related or not) of such individuals are not eligible. Making a purchase will not improve your chances of winning.
YOU AGREE TO ABIDE BY THESE RULES AND THE RULES, POLICIES AND PROCEDURES LOCATED ON FACEBOOK. This SWEEPSTAKES is in no way sponsored, endorsed, administered by, or associated with FACEBOOK. You understand that you are providing your information to Sponsor and not to FACEBOOK.
- TO ENTER SWEEPSTAKES: The Sweepstakes begins on December 5, 2016 at 9:00 a.m. Central Time (CT) and ends on December 31, 2016 at 11:59 p.m. CT (“Sweepstakes Period”). You may enter once during the Sweepstakes Period. There is one way to enter: 1) Visit https://www.facebook.com/DaVinciGourmet/ then follow the on-screen instructions to complete the Sweepstakes entry process by commenting within the Facebook post.
- ENTRY CONTENT: Entry must meet all of the following requirements or it will be disqualified:
- You are solely responsible for the entry you submit for the Sweepstakes.
- Entry must not violate third-party rights, including but not limited to: copyrights, trademarks, and right of publicity. Entry may not include any third-party trademarks, company names or logos.
- Entry must not include unsuitable content; obscenity; disparagement; defamation; libel threats; pornography; harassment; racial, ethnic, or sexual slurs; other offensive conduct or material; or otherwise include inappropriate or unlawful content, as determined in Sponsor’s sole discretion.
- Entry must not include or contain advertising or solicitations of business.
- You must pass along all rights for usage to Sponsor.
- You agree to provide proof of any and all permissions, consents, or rights required under these Rules or eligibility at any time at the request of Sponsor. Failure to do so will result in disqualification your entry.
All entries become the sole property of Sponsor. By submitting an entry for the Sweepstakes, you agree that Sponsor has the nonexclusive, worldwide, royalty-free, licensable, transferable and unrestricted right to use the entry in whole or in part, commercially or noncommercially, in any media, in perpetuity, worldwide, including the right to publish and display the entry for advertising and publicity, and to edit and make derivative works, all without additional notification, review, approval, or compensation to anyone, including yourself. Additionally, you agree that Sponsor may post the entry (including your name and picture), or any portion thereof, on its Facebook page, third-party websites, and/or use in any media.
- DRAWINGS: Five (5) grand prize winners will be randomly selected from all eligible entries received by Sponsor. Winners will be selected on or about January 3, 2017 and will be notified on Facebook. The odds of winning a grand prize depend on the number of eligible entries received. If a potential winner does not respond to the Facebook message within one (1) business days from the first notification attempt, then such potential winner will be disqualified. In the event of a dispute as to the identity of a winner based on a Facebook account, the winner will be deemed the authorized account holder of the Facebook account submitted at time of entry. The term “Authorized Account Holder” is defined as the natural person who is listed as the account holder of the account by Facebook, Inc.
- PRIZES: Five (5) grand prizes of one (1) container of a/n DaVinci Gourmet product. All taxes on prizes and expenses relating to acceptance and use of prize are the sole responsibility of the winner. Prizes are non-transferrable. Except as expressly stated in these Rules, no substitution, cash redemption, or transfer of prizes is allowed, but Sponsor reserves the right to substitute for the advertised prize a prize of equal or greater value if the advertised prize becomes unavailable for any reason. Sponsor is not responsible if selected activity is delayed, postponed, or canceled 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.
- GENERAL: By participating, you agree to be bound by these Rules and the decisions of Sponsor, which shall be final and binding in all respects and in all matters relating to this Sweepstakes. By participating, you grant to Sponsor and to Sponsor’s advertising and promotion agencies the right to use your name, photograph, likeness, statement, image and/or recorded audio and video footage for trade, advertising, publicity and promotional purposes in perpetuity without compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor’s direction in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web without notice, review, or approval and agree to execute specific consent to such use if asked to do so. Winners may be required to complete an affidavit of eligibility, liability release and publicity release, which must be returned within the time specified by Sponsor. If documents are not returned in a timely manner, are returned as nondeliverable, or if a winner is found to be ineligible or not in compliance with these Rules, the potential winner will be disqualified. Sponsor may disqualify you or otherwise prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs) or intending to annoy, abuse, threaten, or harass any entrant or Sponsor. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor does not make any representation OR warranty with respect to the Prizes, and hereby disclaims ANY AND all EXPRESS AND IMPLIED warranties, including warranties of merchantability and fitness for a particular purpose with respect to the prizes.
- NO LIABILITY: By entering, you hereby release, discharge, indemnify and agree to hold harmless Sponsor, Facebook, Sponsor’s advertising and promotion agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and its respective employees, officers and directors from any liability or responsibility whatsoever for any claims, costs, injuries, losses, or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) arising out of or in connection with the Sweepstakes or from your acceptance, possession, use, or misuse of any prize, or participation in the Sweepstakes or any Sweepstakes-related activity.
In no event will Sponsor, its advertising and promotion agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and their respective employees, officers and directors or Facebook be responsible or liable for: (a) any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages; (b) any human error that may occur in the processing of entries; (c) lost, late, or misdirected entries; or (d) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted.
- CHOICE OF LAW AND VENUE: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner shall be resolved individually, without resorting to any form of class action; (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 you be permitted to obtain awards for, and you hereby waive all rights to claim, 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 Rules, or your rights and obligations and/or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with, the laws of the State of Wisconsin, without regard for conflicts of law doctrine, and all proceedings shall take place in Rock County in the State of Wisconsin.
- WINNER: To be notified of the winners, mail a self-addressed, stamped envelope, to be received by 11/10/16, to: DaVinci Gourmet Facebook Winner, 515 North Shore Drive, Hartland, WI 53029. Vermont residents may omit postage.
- SPONSOR: Kerry Inc., 3400 Millington Rd., Beloit WI 53511 (“Sponsor”).