BELVITA’s #Morning Win Radio Sweepstakes Official Rules
NO PURCHASE OR MOBILE TWEETING IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED IN THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE UNITED STATES.
belVita #MorningWin Sweepstakes (the “Promotion”) starts August 25, 2014 at 11:00:00 am. U.S. Eastern Time (“ET”) and ends September 28, 2014 at 11:59 p.m. ET (“Promotion Period”).
Promotion is open to residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age. Employees, officers, and directors of Mondelēz Global, LLC., Twitter, radio station partners, TMPG ("Sponsor” & “Judges") and their respective parents, subsidiaries, affiliates, promotion, related companies, agencies, and agents and members of their immediate family (defined as spouse, parent, sibling or child, and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, officers, and directors whether or not related, are not eligible to enter or win. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws. By participating, you agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
This Promotion is in no way sponsored, endorsed or administered by Twitter.
How to Enter:
During the Promotion Period, you will have to follow @belVitaAMEntry on Twitter (Twitter.com) and Tweet @belVitaAMEntry the one (1) morning win you had after eating belVita Breakfast with #MorningWin for the opportunity to win a prize. A purchase of belVita Breakfast Biscuits is not required in order to enter. Entries will not be judged.
Limit one (1) entry per person and per Twitter account / username for the duration of the Promotion Period. Multiple entries received from any person or Twitter handle in excess of the stated limitation will be void.
Any attempt by any individual to exceed the above-indicated entry limits by using multiple/different e-mail or IP addresses, identities, or any other methods will void all that individual's entries and that individual will be disqualified. Use of any automated program or like means to submit an entry will result in disqualification. Sponsor, its promotional partner Mondelēz Global, LLC., radio station partners, Twitter and their respective agencies are not responsible for late, lost, garbled/illegible, misdirected, incomplete or invalid submissions, all of which are void and will not result in Sweepstakes entry. Proof of transmission of completed entry does not constitute proof of receipt of same or proof of entry in Sweepstakes. In the event of dispute as to the identity or eligibility of potential winner, the winning entry will be declared made by the "Authorized Account Holder" of the Twitter account used to enter the Sweepstakes provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person who is assigned to a Twitter account by www.twitter.com
Use of a mobile device to submit tweet/entry may result in the imposition of charges by your wireless carrier. You are therefore advised to consult your wireless rate plan PRIOR TO using a mobile device to submit your tweet/entry. Wireless internet access and/or text messaging capacity is not available on all mobile devices or wireless carriers or in all areas. If you choose to tweet using your mobile phone, standard text messaging and data fees for messages sent and received may apply to use of mobile device for Sweepstakes entry
By submitting a tweet/entry, you represent and warrant that the tweet/entry:
(a) is solely your original work product (DO NOT RETWEET another's person's tweet/entry);
(b) does not infringe upon the rights of any third party;
(c) has not been previously published or have won any award in a contest or competition;
(d) is truthful in all material respects.
Tweet/entry will be disqualified and Sponsor may take all actions it deems necessary and appropriate to protect its rights (including petitioning Twitter to have the tweet removed), if Sponsor determines in its sole discretion that tweet/entry:
(a) is inappropriate or unfit for publication (e.g., includes hate speech or obscenity);
(b) reflects adversely upon and could damage the goodwill and business reputation of Sponsor, Mondelēz Global, LLC., the belVita brand or any other entity associated with the Sweepstakes;
(c) violates the rights of any third party, including but not limited to infringement of a party's trademark, copyright or other intellectual property rights, is libelous or defamatory;
(d) advocates alcohol or drug use, violent activity or illegal conduct of any kind.
POSTED TWEETS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR MONDELĒZ GLOBAL, LLC. IN ANY MANNER.
Subject only to the rights reserved by Twitter as operator of its social network, entrant grants to Sponsor and its designees (including Mondelēz Global, LLC.) the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her tweet/entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the tweet/entry.
There will be five (5) prizes in the Promotion: The prize winners will be selected in a random drawing held from among all eligible entries received during the Promotion Period. For the avoidance of doubt, provided that it is eligible under these Official Rules, the content of a tweet/entry will have no bearing on the winner selection process. The drawing will be conducted by Judges, on or about October 7, 2014.
Prize, Odds of Winning and Winner Notification:
Five (5) Prize winners will win one (1) $125 American Express® Gift Card*.
ARV per Prize Winner: $125.
*(Used for prize identification purposes only; no endorsement/sponsorship is intended or implied.)
Use of gift card is subject to terms/conditions indicated thereon which may include expiration
date (where lawful). Winner is solely responsible for any applicable federal, state, and local taxes and all unspecified expenses or fees associated with prize acceptance, receipt and use. No substitution, assignment, or transfer of prize permitted, except by Sponsor, who reserves the right to substitute prize with another prize of equal value if advertised prize cannot be awarded as stated for any reason. Prize cannot be redeemed or exchanged for cash by winner (except where required by law).
In the event that the potential prize winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize without compensation. In the event that potential prize winner is disqualified for any reason, potential winner forfeits prize. In the event of prize forfeiture, an alternate winner will be selected in a random drawing from all remaining eligible entries received for the drawing.
Sponsor’s decision is final and binding on all matters relating to this Promotion. Potential winner will be followed by @belVitaAMEntry and will receive a personal direct message on Twitter from @belVitaAMEntry asking them to submit the required information. If any potential winner unfollowed @belVitaAMEntry after entering sweepstakes, @belVitaAMEntry will also ask potential winner to re-follow @belVitaAMEntry in order to receive personal direct message. Potential winner must then respond to a direct message with all requested prize claim information (including full name, date of birth, complete mailing address and e-mail address) within a time period specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Prize will be fulfilled by mail approximately 5-7 weeks after receipt of winner's prize claim information, subject to verification of potential winner’s eligibility and full compliance with these Official Rules. If the potential winner cannot be contacted, within the required time period, or if the prize is returned as undelivered, potential winner forfeits such prize and an alternate winner may be selected.
Odds of winning depend on the total number of eligible entries received.
Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion.
In such event, Judges will select the winner via random drawing comprised of all eligible entries received prior to (and/or after, if appropriate) the action taken by Judges or by some other means deemed by Judges in its sole discretion to be appropriate. Sponsor reserves the right, in its sole discretion, to disqualify any individual it determines, in its sole discretion, to be tampering with the entry process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately damage any website related to the Promotion or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws 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 (as well as disqualifying such individual, if appropriate). Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Except where prohibited by law, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor's and its designees' use of winner’s name, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in any media without geographic or time limitation, and without additional payment or consideration.
By entering, entrant agrees to release and hold harmless Sponsor, its partners and agencies radio station partners, Twitter and TMPG), their respective related companies, and each of their respective officers, directors, employees, and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of the prize.
Limitations of Liability:
Sponsor, its partners and agencies, radio station partners, Twitter and TMPG (collectively, “Released Parties”) are not responsible for and you hereby release the Released Parties from any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, incomplete, misdirected entries, or entries received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, mobile device, computer, network, hardware, or software (this also includes the inability of Sponsor to receive tweets/entries due to filtering by Twitter and the inability of @belVitaAMEntry to contact potential winner via direct message); (3) the unavailability or inaccessibility of website or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on website whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of submitted entries; or (6) any injury or damage to persons or property, including but not limited to an individual’s computer or mobile device (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by participation in the Promotion or from downloading any material from Sponsor’s or related website(s), regardless of whether the material was prepared by Sponsor, agency, or a third party, and regardless of whether the material is connected to a Sponsor’s or its agency’s website by a hypertext link.
Disputes / Choice of Law:
To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Westchester County, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. The internal, substantive law of New York governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in Westchester County, New York.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
For a copy of the winners list, mail a self-addressed stamped envelope to belVita Morning Win Sweepstakes Winners List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Requests must be received by September 29, 2014.
Welcome to this website, a service of TMPG. This statement discloses the privacy practices for this website only, including an explanation of:
• the categories of personally identifiable information about you that may be collected; how the information is used;
• how we collect and use non-personally identifiable information about your use of the website;
• the categories of persons or entities with whom the information may be shared;
• how you can opt in or out of promotional e-mail; and
• the kind of security procedures that are in place to protect the loss, misuse or alteration of information;
• Questions regarding this statement should be directed to TMPG through one of the Contact Us forms you will find on our website, or by mailing a notice to:
711 Westchester Ave, Suite 102
White Plains, NY 10604
Attention: TMPG Promotions Privacy Feedback
Information Collection and Use
A special note about children: This website is not directed to children under the age of 13, and TMPG does not knowingly collect personally identifiable information from anyone under the age of 18 on this website unless expressly specified on the appropriate pages of the website. Children should always get permission from a parent or legal guardian before sending any information about themselves (such as their names, e-mail addresses, and telephone numbers) over the Internet, to us or to anyone else.
What categories of personally identifiable information do we collect?
The information collected by TMPG is information voluntarily supplied by visitors to and users of the website. Some of this information is personally identifiable information, but much of it is not. Personally identifiable information is information that identifies a particular person.
Supplying this information is entirely voluntary. But if you choose not to supply the information, we may be unable to provide you with the products and services of our affiliate, in this case Mondelēz Global, LLC, and you will not be able to be entered into the sweepstakes unless you provide certain personally identifiable information about yourself. When you submit any personally identifiable information over this website, TMPG will use the information for the purposes described at the time you submit it. For example, your name, address, telephone number, photo and e-mail address provided while entering the sweepstakes will be used in connection with the processing and fulfillment of your prize if you are selected as a winner in our random drawing(s).
What categories of persons or entities do we share personally identifiable information with?
We do not sell, trade or otherwise share this information with any other entities, unless you have selected to receive additional information through any opt-in options on the website.
Where do we permit visitors and users to opt in or out of promotional e-mail or direct mail?
You may choose to receive, or not receive, promotional e-mails about TMPG or our partner’s products and services, in this case, Mondelēz Global, LLC by either checking or not checking the opt-in question on the entry form.
All information gathered on our website is stored within a database accessible only to TMPG and its specifically authorized affiliates, in this case, Mondelēz Global, LLC. However, as effective as any security measure implemented by TMPG may be, no security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. If you don’t want us to know any particular information about you, don’t include it in anything that you submit or post to this website or send to us in e-mail.
Effective: January 7, 2013