****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR
PAYMENT OF ANY KIND NECESSARY
TO ENTER OR WIN THIS
SWEEPSTAKES
VOID WHERE PROHIBITED
BY LAW
Sponsor. The Cinco De Mayo Sweepstakes (the “Sweepstakes”) is sponsored by Follow Your Heart/Earth Island LLC, PO Box 9400, Canoga Park, CA 91309 (“Sponsor”). The Sweepstakes is in no way
sponsored, endorsed or administered by, or associated with, Instagram.
Eligibility. Open only to
legal residents of the United States (excluding Alaska, Hawaii, Puerto Rico and
all other U.S. territories and possessions outside of the United States and
where otherwise prohibited by law) who (i) are 18 years of age or older at the
time of entry in the Sweepstakes (or in the case of legal residents of
jurisdictions where the age of majority is greater than 18 years of age, such
age of majority under the laws of the jurisdiction in which they reside at the
time of entry); (ii) have access to the Internet; and (iii) have a valid, public
Instagram account in good standing as of the time of entry. Employees, officers,
directors, agents, representatives and independent contractors (and their
immediate family members and members of the same households (whether related or
not)) of Sponsor and Campbell Soup Company and their respective parent,
subsidiaries and affiliated companies, are not eligible to participate. Subject
to all federal, state and local laws and regulations. Void in Alaska, Hawaii, Puerto
Rico and all other U.S. territories and possessions outside of the United
States and where prohibited by law or restricted by such laws, including but
not limited to jurisdictions with laws that would require registration and/or
trust account or posting of a bond, or any other requirements that have not
been satisfied.
Application of Rules. By
entering the Sweepstakes, each entrant warrants that he/she has read and agrees
to abide and be bound by these Official Rules and that he or she is not
prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor
retains full authority, in its sole discretion, to interpret and administer
these Official Rules, and to be bound by all decisions and interpretations made
in good faith by Sponsor. Sponsor shall
have the absolute right to determine if an entry is in compliance with these Official
Rules without notice to the person attempting to enter.
Entry. The Sweepstakes
begins at 11:00 a.m. Pacific Standard
Time (PST) on 4/30/19 and ends at 11:59 p.m. (PEST) on 5/5/19 (the “Sweepstakes Period”). By entering the Sweepstakes, each entrant
agrees to these Official Rules and the decisions of Sponsor, which are final
and binding in all respects.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL
NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
To enter, visit Follow Your Heart’s Instagram page to
view the post, (www.instagram.com/followyourheart) during the Sweepstakes
Period, follow all four @estolias,
@latejulyorganic, @the_tofurky_company and @followyourheart social media
accounts, and tag one (1) friend you’d share your nachos with in the comments
of the sweepstakes post.
All entries must be received within the Sweepstakes Period. Sponsor’s
computer clock is the official timekeeping device of the Sweepstakes. Limit one
(1) entry per Instagram account during the Sweepstakes Period. Entries received in excess of the above
stated limitation will be void.
If there is a dispute over the identity of an entrant,
the entry will be deemed submitted by the
Authorized Instagram Account
Holder associated with the username
used to enter via Instagram. The Authorized Instagram Account Holder is defined as the natural
person to whom the
Instagram account is assigned by Instagram, respectively. Participant, under this method,
must enter using only an Instagram account subscribed
to and registered in participant’s name.
The potential winner may be required
to provide Sponsor with proof that he/she is the authorized account holder of
the Instagram account associated
with the winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
All entry posts via Instagram must comply with the Instagram Terms of
Use available at http://instagram.com/legal/terms/#,
including any technical requirements (e.g., file size limits for uploaded photographs or character restrictions) and your account must be a
“public” Instagram account in order for your entry to be viewed by Sponsor.
Entries that
have been generated by a script, macro, bot or any other automated means will
be deemed void. Participants may not register with multiple Instagram accounts
nor may entrants use multiple devices or artifices to enter the Sweepstakes
multiple times or as multiple entrants. Any
entrant who attempts to enter with multiple accounts under multiple identities
will be disqualified in Sponsor’s discretion.
Proof of submission of an entry shall not be deemed proof of receipt by
the Sponsor.
All comments posted to enter the Sweepstakes must be in keeping with
the Sponsor’s positive image and may not be offensive or inappropriate, as
determined by Sponsor in its sole discretion, nor can it defame or invade
publicity or privacy rights of any person, living or deceased, or entity, or
otherwise infringe upon any person’s or entity’s personal, intellectual
property or property rights or any other third party rights. Comments must be
suitable for online publication accessible to the general public. Sponsor
reserves the right to eliminate any entries that it determines, in its sole
discretion, contain inappropriate content or content that may be deem obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or unlawful, including, without limitation,
obscenities, threats, violence, unsafe behavior or situations, or disparagement
of any product, service or person.
Neither Sponsor nor its advertising and promotion agencies are
responsible for lost, late, incomplete, illegible, inaccurate, misdirected
entries, or for any problems of any kind whether mechanical, human or
electronic, including, but not limited to, computer, telephone, cable, network,
satellite, electronic or Internet hardware or software malfunctions, failures,
connections, availability or garbled or jumbled transmissions, or service
provider/Internet accessibility or availability, traffic congestion, or
unauthorized human intervention. Sponsor reserves the right to suspend or
terminate the Sweepstakes in the event of any such problem. Entries not in
compliance with these Official Rules are disqualified. Sponsor shall have the
absolute right to determine if an entry is in compliance with these Official
Rules without notice to the person attempting to enter.
Use of Entrant Information.
As permitted by law and in accordance with these Official Rules, each
Sweepstakes entrant agrees that Sponsor may use the information that entrant
provides in connection with the Sweepstakes for the purposes and within the
context of the Sweepstakes and for Sponsor’s internal purposes. In the event of a conflict
between these Official Rules and Sponsor’s Privacy Policy available at https://followyourheart.com/cinco-de-mayo-vegan-nacho-giveaway/,
to the extent it may apply, these Official Rules will control.
Prizes. Four (4) winner will receive product
from Follow Your Heart, Estolia’s, Late July SNACKS, and ToFurky, with an aggregate
ARV of the prize of $40.00. Specifics relating to the prize not specified
here in are at sole discretion of Sponsor. The winner is solely responsible for
any costs and expenses due in connection with the prize not specified herein.
The prize may not be transferred or assigned, except at the Sponsor’s sole
discretion. No cash value or substitution of the prize will be permitted or
provided, except that Sponsor, in its sole discretion, may provide a prize of
comparable or greater value. The winner is solely responsible for reporting and
paying any and all applicable federal, state and local taxes due in connection
with the prize. Receipt of the prize is conditioned upon compliance with all applicable
federal, state and local laws, rules and regulations and these Official Rules.
Selection of Winner and
Notification. Each eligible entry submitted during the Sweepstakes Period
will be entered into a random drawing to be held at the conclusion of the
Sweepstakes Period. One potential winner
will be selected at random by Sponsor, whose decision will be final and
binding, from all eligible entries received during the Sweepstakes Period
within forty-eight hours after the Sweepstakes Period ends. Odds of winning
depend on the number of eligible entries received in the Sweepstakes Period. In
the event a winning entry is discovered to be invalid for any reason whatsoever
or the person who submitted the winning entry either fails to comply with these
Official Rules prior to delivery of the prize or refuses the prize or any
portion thereof, the prize may be forfeited and awarded to an alternate winner
selected at random from the remaining eligible entries at Sponsor’s discretion.
An alternate winner will be selected at random from the remaining eligible
entries until the prize has been awarded.
Sponsor will contact the potential winner via Instagram Direct Message
between Monday, May 6th through Friday, May 10th, 2019,
and will be notified via post and/or tagging via social media contact or email.
All selected winners will have forty-eight hours after the random drawing to
obtain additional information reasonably necessary to verify eligibility. In
the case that a winner does not reply in 48 hours, an alternate winner will be
selected. The potential winner will be required to direct message (DM) Sponsor
with his/her contact details and provide the additional information requested
by Sponsor to verify eligibility. By direct messaging Sponsor, Sweepstakes
entrant warrants and represents to Sponsor that the information contained in
such direct message is true and correct in all material respects and that
Sponsor may rely on such information in its efforts to comply with applicable
laws and regulations. It is acknowledged and understood that such information
is being provided to Sponsor and not to Instagram. The potential winner must
continue to comply with all terms and conditions of these Official Rules, and
winning is contingent upon fulfilling all requirements. Sponsor reserves the
right to require the potential winner to show proof of identity prior to
receiving any prize.
Upon contacting a potential winner and determining that he/she has met
all eligibility requirements for the Sweepstakes, including without limitation
the execution of an affidavit of eligibility and liability/publicity release
(except where prohibited by law) and completion of such other documents as
Sponsor may reasonably require in order to claim his/her prize, if applicable,
such individual will be declared the “winner” of the Sweepstakes.
Sponsor shall not be responsible for (i) the failure of a potential
winner to receive Sponsor’s notification for any reason, or for the inability
of such potential winner to respond to Sponsor’s notification for any reason;
(ii) failed, returned or misdirected notifications due to inaccurate
information provided by an entrant; (iii) submissions and responses to winner
notifications which are lost, late, incomplete, illegible, unintelligible,
misdirected, damaged or otherwise not received, in whole or in part, by
Sponsor.
Affidavit of Eligibility and
Release/Delivery of Prize. The potential winner may be required to sign and
return to Sponsor, within two (2) business days from the date the request is
made, an affidavit of eligibility and liability/publicity release (except where
prohibited by law) and to complete such other documents as Sponsor may
reasonably require in order to claim his/her prize, if applicable. If these
documents are returned as undeliverable or if a potential winner fails to sign
and return the affidavit of eligibility and liability/publicity release (if
applicable), and to complete such other documents as Sponsor may reasonably
require within the required time period, or if a potential winner does not meet
the eligibility or other requirements of the Sweepstakes, the prize will be
forfeited and an alternate potential winner will be selected at random from
among all remaining eligible entries. The prize will be delivered by UPS or USPS delivery within thirty (30) days
of Sponsor’s receipt of the documents that may be required by Sponsor to be completed and signed by the potential
prize
winner. Sponsor shall not be responsible for delivery
of any documents and/or the prize or prize-related materials and information
provided that they are sent to the addresses provided by the potential winner.
Sponsor is not responsible for prize information or documents that are lost or
misdelivered by the postal service or carrier to the extent applicable.
Release of Liability. Each
Sweepstakes entrant agrees that Instagram, Sponsor, Campbell Soup Company and their respective parent, subsidiaries or affiliated companies,
their successors and assigns, and any and all of their respective officers,
directors, shareholders, employees, agents, representatives, licensees and
advertising and promotion agencies, shall not be liable for any personal
injury, death, loss or damage of any kind or any other causes of action or
claims related to entrant’s participation in this Sweepstakes, or acceptance or
use of the prize awarded, and/or based on publicity rights, defamation or
invasion of privacy. Each entrant agrees to release and discharge, and hereby
releases and discharges, Instagram, Sponsor, Campbell Soup Company and their
respective parent, subsidiaries or affiliated companies, their successors or
assigns, and any and all of their respective officers, directors, shareholders,
employees, agents, representatives, licensees and advertising and promotion
agencies, from any liability arising from or related to the Sweepstakes,
personal injury, death, property damage, or claims based on publicity rights,
defamation, or invasion of privacy.
Indemnification.
Each Sweepstakes entrant agrees to indemnify, defend and hold harmless Sponsor,
Campbell Soup Company and their respective parent, subsidiaries or affiliated
companies, their successors or assigns, and any and all of their respective
officers, directors, shareholders, employees, agents, representatives,
licensees and advertising and promotion agencies, from and against any loss,
damage or expense (including court costs and attorneys’ fees) that they may
suffer or incur as a result of or in connection with entrant’s participation in
the Sweepstakes or any Sweepstakes-related activity, receipt, acceptance
and/or use of the prize awarded, or any portion thereof, and/or
any breach or alleged breach of
any warranty or representation made by entrant in connection with the Sweepstakes.
Announcement of Winner. Sponsor will post the winners’ Instagram user name or handle on Instagram, www.instagram.com/followyourheart. Sponsor may post the winner’s Instagram user name or handle on Sponsor’s website at www.followyourheart.com following the completion of the Sweepstakes and verification of the winner.
Use of Winner’s Name and
Likeness. By submitting an entry, each Sweepstakes entrant, acknowledges
and agrees that, if selected as a winner, Sponsor may post winner’s Instagram user name or handle on Instagram, www.instagram.com/followyourheart,
and/or on Sponsor’s website at www.followyourheart.com. A winner who accepts the prize awarded will be deemed thereby
to have granted to Sponsor
the right, at any time and from time to time, to print,
publish, broadcast and use, worldwide and in any media now known or hereafter
developed, including but not limited
to, the Internet and world wide web,
the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and
for advertising and promotional purposes without
additional consideration, or right of review or notification, except where
prohibited by law, and to have agreed
to provide documentation in writing to confirm the foregoing promptly upon
request by Sponsor.
Unlawful Conduct and
Disqualification. Sponsor reserves the right, in its sole discretion, to
disqualify any Sweepstakes entrant who Sponsor determines, in its sole
discretion, has (i) tampered with the entry process or the operation of the
Sweepstakes or of any website owned, operated or controlled by Sponsor or its
parent, subsidiaries or affiliated companies; (ii) was ineligible to participate
in the Sweepstakes; (iii) submitted more than the allowed number of entries; or
(iv) otherwise acted in an unlawful manner and/or in violation of these
Official Rules. Robotic, automated, programmed, or computer generated entries
or mechanical reproductions are prohibited, and any use of such devices or
entry methods will cause disqualification. Any attempt by an entrant to
deliberately damage any web site or undermine the legitimate operations of the
Sweepstakes is a violation of criminal and civil laws. Should such an attempt
be made, Sponsor reserves the right to seek damages from any such entrant to
the fullest extent permitted by law and to disqualify such entrant from the
Sweepstakes.
Suspension/Amendments.
Sponsor reserves the right to (i) suspend, cancel, terminate or modify the
Sweepstakes without advance notice as required by law and/or in the event
Sponsor believes, in its sole discretion, that any computer virus, worms, bugs,
tampering, spamming, unauthorized intervention, fraud, technical failures or
other errors or problem beyond Sponsor’s control could corrupt or affect the
administration, security, fairness, integrity or proper conduct of the
Sweepstakes, and thereafter to re-commence such Sweepstakes, if at all, only at
such time(s) and upon such terms and conditions as Sponsor shall deem
reasonable under the circumstances; and (ii) extend the Sweepstakes Period,
by providing notice via Instagram if Sponsor determines, in its sole discretion, that an insufficient number of eligible Sweepstakes entries has been received or in the event of unexpected difficulties or other causes
beyond Sponsor’s reasonable control.
Severability. If any one or
more provisions of these Official Rules are held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such invalidity, illegality
or unenforceability shall not affect the validity, effect or enforcement of any
other provision or provisions of these Official Rules.
Force Majeure. The failure
of the Sponsor to comply with any provision of this Official Rules due to an
act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of
governmental authorities outside the control of the Sponsor or other force
majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction;
Venue; Limitation of Damages. These Official Rules shall be interpreted in
accordance with New Hampshire law without regard to its conflicts of laws
provisions. Each entrant agrees that the state and federal courts located in
New Hampshire shall have exclusive jurisdiction over any dispute arising from
or relating to these Official Rules, this Sweepstakes or entrant’s
participation in this Sweepstakes, and entrant’s consent to the personal
jurisdiction and venue thereof. ALL
DISPUTES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS
ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL
OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND
HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL
OUT-OF-POCKET EXPENSES AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED.
Winners Names. To obtain the
names of the official winner (after the conclusion of the Sweepstakes) or a
copy of these Official Rules, send a self–addressed envelope with the proper
postage affixed postmarked to:
Follow Your Heart/Earth Island LLC, Attn: Cinco De Mayo Giveaway, PO box 9400, Canoga Park, CA
91309. Please
specify “Winner’s Names” or “Official Rules” in your
request.
