NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER OR INSTAGRAM.
A MOBILE DEVICE/SMARTPHONE IS NOT REQUIRED TO PARTICIPATE IN THIS SWEEPSTAKES, BUT IF A MOBILE DEVICE/SMARTPHONE IS UTILIZED TO PARTICIPATE IN THIS SWEEPSTAKES, CARRIER’S STANDARD DATA RATES APPLY.
TO PARTICIPATE IN THIS SWEEPSTAKES VIA TWITTER OR INSTAGRAM, YOU MUST HAVE A VALID TWITTER OR INSTAGRAM ACCOUNT WITH AN UNRESTRICTED PUBLIC SETTING. IF YOU DO NOT HAVE A VALID TWITTER OR INSTAGRAM ACCOUNT, YOU CAN OBTAIN ONE WITHOUT COST BY VISITING TWITTER.COM OR INSTAGRAM.COM.
1. ELIGIBILITY: Enjoy Life Foods® #LunchFreely Sweepstakes (the “Promotion”) consists of entries of photos and messaging about packed lunches. There will be weekly winners and a Grand Prize drawing (the “Grand Prize Drawing”), and is open only to current legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old as of the date of entry. Employees of Enjoy Life Foods Natural Brands LLC (the “Sponsor”), its advertising/promotion/internet agencies associated with this Promotion including Blue Chip Marketing Worldwide (the “Administrator”), Mondelez Global, LLC and all such employees’ immediate family members (defined as spouse, child, parent, sibling; whether biological, adopted, “step” or in-law, regardless of where they reside) and/or those living in the same household of each are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law.
This Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation in the Promotion constitutes entrant’s full and unconditional agreement to be bound by these Official Rules and Sponsor’s and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
2. SPONSOR: Enjoy Life Foods Natural Brands LLC, 8770 W Bryn Mawr Avenue Suite 1100, Chicago, IL 60631.
ADMINISTRATOR: Blue Chip Marketing Worldwide, 650 Dundee Road, Suite 250, Northbrook, IL 60062.
3. TIMING: Game play and entry into the Promotion begins on August 25, 2016 at 12:01:00 p.m. Central Daylight Time ("CDT") and ends on September 14, 2016 at 11.59.59 p.m. (CDT) (the "Promotion Period"). Separate deadlines apply for each drawing, as set forth in Rule 4. Administrator’s computer is the official time-keeping device for the Promotion.
4. SWEEPS ENTRY : In order to enter and be eligible to win a prize, eligible entrants must complete the following steps during the Promotion Period:
a) Create a photo or text-only post that shows or tells how you pack fun lunches to send with your children to school (the “Content”), and post the Content via your own valid public Twitter or Instagram account (the “Posting Site”) with the Hashtag #LunchFreely (the “Hashtag”) included in the post. For purposes of this Promotion, the term “Post” shall be used to include the Content, Hashtag and any other content contained within the post. It is not necessary to include an Enjoy Life Foods® or other Mondelēz product in order to be eligible.
b) Once your Content is posted with the Hashtag, you will receive an automated reply (an @mention if posted via Twitter or a comment to the Instagram post if posted via Instagram) with a bit.ly link to claim your Content and complete an entry form (Content must be claimed and entry form completed in order to be eligible to win). After clicking the link, you will be directed to www.lunchfreely.com (the “Promotion Site”) where you must first provide your date of birth, and if eligible, you will then have access to the official entry form which you must complete by providing your First Name, Last Name, Email Address and Zip Code. You must also confirm that you have the right to submit the Content in the Promotion, and that anyone identified in your Content (either visually or by name) (an “Identifiable Person”) has consented to the use of their identity as contemplated in these Official Rules and on the Promotion Gallery (as described in more detail, below). If your Content includes an Identifiable Person who is a minor, you must have permission from the parent or legal guardian of each such Identifiable Person.
c) After completing and submitting the entry form, you will receive a pop-up response that you are entered into the Promotion (pending verification of your Post’s compliance with these Official Rules), and you will have the option to share your Post and details about the Promotion on your own social channels with prepopulated copy and image.
d) Once the Post is reviewed by Administrator, the Post, or just the Content within that Post, may be displayed (in Sponsor’s sole discretion) on the Gallery on the Promotion Site. If you do not see your Content on the Promotion Site, it does not mean that your Post has not been entered into the Promotion. It is possible that not all Posts/Content will be shared on the Gallery.
e) You may submit Content (i.e., the specific photo or text) only one time during the entire Promotion Period, but you may submit a new Post (i.e., with different Content) each day of the Promotion Period. Limit one Post per person and per Posting Site account day. If multiple Posts are received on the same day, all but the first Post will be ineligible. If the same Content is received more than one time, all but the first Post containing that Content will be ineligible.
f) By entering this Promotion, you are giving Enjoy Life Foods permission to email you. Because your privacy is important, we will not sell, rent or trade your personal information.
5. ENTRY REQUIREMENTS : For purposes of these Official Rules, an “Entry” shall be deemed a Post, the Content, Hashtag, entry form and any other content submitted or posted by the entrant in connection with any of those elements or otherwise relating to the Promotion. The following requirements shall apply to each Entry (all as determined in Sponsor’s sole discretion):
b) If a person other than the entrant is included in the Content, the entrant must have a written release from such person (or people if there is more than one such person) authorizing the Content to be entered in the Promotion and used for any purpose contemplated by these Official Rules. Upon request of Sponsor, the entrant agrees to obtain a written release from any such person included in the Content on a form provided by Sponsor and failure to provide such signed release may result in disqualification (and in the event that a minor is in the Content, you agree to obtain such written release from that minor’s parent/legal guardian).
c) The Post must be posted to a Posting Site with the Hashtag #LunchFreely within the description.
d) If the entrant is not the photographer of any photo submitted as Content, the entrant must have a written release from the photographer authorizing the photo to be entered in the Promotion and used for any purpose contemplated by these Official Rules, as well as transferring rights in such photo as contemplated in these Official Rules. Upon request of Sponsor, the entrant agrees to obtain a written release from the photographer on a form provided by Sponsor and failure to provide such a signed release may result in disqualification.
e) If the entrant is submitting written text as the Content, the entrant must be the original author of such text Content.
f) The Content must not infringe upon the rights of any third-party, including, without limitation, copyright, trademark, rights of publicity and/or privacy.
g) The Content must be suitable for publication to all audiences, and may not be violent, immoral, offensive, illegal, pornographic, obscene, indecent, inappropriate, contain any activity deemed to be dangerous or to promote unsafe behavior, or in any way inconsistent with Sponsor’s desired image, as determined solely by Sponsor.
h) The Content must not contain logo, trademark, service mark, or other image of any business or company, other than the Sponsor (the Content may contain Sponsor’s products, but it does not have to).
i) The Content must not include any representations of celebrities, athletes or other public figures, whether dead or alive.
j) The Content must not show Sponsor’s product(s) or product packaging being used inappropriately or in a disparaging manner.
k) The Content must be in keeping with Sponsor’s image, as determined by Sponsor in its sole discretion.
l) The Content must not have been submitted in any previous competitions or promotions.
m) The Entry may not in any other way violate applicable laws and regulations.
Any Entry in violation of these Official Rules may be deemed void in Sponsor’s sole discretion (unless otherwise set forth herein). By submitting an Entry in this Promotion, entrant agrees to indemnify and hold harmless Sponsor, Administrator, Twitter, Instagram, and any other person or entity involved in the administration, execution or fulfillment of the Promotion, and all of their respective parent or affiliated entities, owners, officers, directors, employees, shareholders, members, agents or contractors (collectively “Released Parties”) from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against Sponsor or Released Parties due to or arising out of the entrant's Entry, use of such entry (in whole or part, edited or unedited) by Sponsor or any other party authorized by these Official Rules or Sponsor of the entry as authorized herein, or the entrant's conduct in creating an Entry, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor and Released Parties from any and all claims that any commercial, advertising presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes entrant's rights with regard to any elements, characters or ideas contained in any Entry. Released Parties are not responsible for Entries that are not received by Sponsor (in whole or in part) for any reason. Any portion of an Entry that is submitted to Sponsor becomes Sponsor’s property and will not be returned.
6. WINNER DETERMINATION : Starting on Thursday, August 25, 2016, and on each subsequent week until Wednesday, September 14, 2016, Sponsor will randomly select the number of Entries for the specified prizes as detailed in the table below for that day’s drawing from among all eligible Entries received from the start date of the Promotion through midnight (Central Time) the night before. Non-winning entries will roll-over into subsequent drawings, if any. Odds of winning depend on the number of eligible Entries received as of the entry deadline for a particular drawing.
7. PRIZE DETAILS AND APPROXIMATE RETAIL VALUES (“ARVs”):
a. Runner-Up Prizes: Fifteen (15) Enjoy Life Foods branded backpacks filled with Enjoy Life Foods product (ARV: $100) will be available to be awarded during the Promotion Period (Five (5) to be awarded per week during the Promotion). Sponsor will send potential Winners an email to the email address provided on their entry form with prize claim. Attached to the Instant Winner Prize Claim Instruction Email will be an Affidavit of Eligibility and Liability/Publicity Release Form (the “Prize Claim Form”). The potential Winner must complete, sign and return Prize Claim Form within ten (10) days of the send date of the Instant Winner Prize Claim Instruction Email. Administrator is only required to make one attempt to send a potential Prize Winner their Winner Prize Claim Instruction Email. Upon verification, Prize will be sent to the winner’s address, as set forth in the original entry form associated with such win. If the Prize Claim Instruction Email is returned as undeliverable, if such potential winner fails to respond as required, if such potential winner fails to complete and return the Prize Claim Form within the time frame stated, or if potential winner is determined to be ineligible for any reason, he/she will forfeit the prize and such prize will not be awarded.
b. Grand Prize: There will be one (1) Grand Prize available to be awarded consisting of an assortment of eleven (11) allergy-friendly cookbooks, an Enjoy Life Foods backpack filled with Enjoy Life product, and a $500 Visa Gift Card (ARV: $800). Potential Grand Prize Drawing winner will be notified by email at the email address provided in their entry form (the “Grand Prize Notification”). A Prize Claim Form will be attached to the Grand Prize Notification and the potential Grand Prize winner will be required to complete, sign, have notarized and return the Prize Claim Form within ten (10) days of the send date of the Grand Prize Notification. Administrator is only required to make one attempt to notify a potential Grand Prize winner. If Grand Prize Notification is returned as undeliverable, if such potential Grand Prize winner fails to respond as required or if potential Grand Prize winner is determined to be ineligible for any reason, he/she will forfeit the prize and Administrator may randomly select an alternate potential Grand Prize winner and attempt the notification/verification process with that potential Grand Prize winner. Administrator will make up to three (3) attempts to select and verify an alternate Grand Prize winner for the Grand Prize, and if after those three alternate attempts to award the Grand Prize a winner has not been verified, the Grand Prize may not be awarded.
Start Date of Date
(5) Enjoy Life backpacks filled with Enjoy Life Product
(5) Enjoy Life backpacks filled with Enjoy Life Product
(5) Enjoy Life backpacks filled with Enjoy Life Product
Assortment of 11 allergy-friendly cookbooks (free-from the top 8 allergens); Enjoy Life backpack filled with Enjoy Life Product; $500 Visa Gift Card
8. Total Prize Value: The total ARV for all Prizes awarded in the Promotion is: $2,300.
9. OWNERSHIP AND USAGE RIGHTS : By entering the Promotion, entrants (and the photographer, if not the entrant) grant Sponsor a world-wide, royalty-free, perpetual and nonexclusive right (but not the obligation) to copy, distribute, display, or otherwise use (collectively “Use”) Content or other portion of the Entry submitted in connection with the Promotion, with or without the entrant’s name and/or social media handle, edited or unedited, in advertising on the Promotion Site and in any other media without limitation, including on Sponsor’s own Twitter, Instagram and/or other social media pages/sites. If an entrant submits Content that does not comply with the entry requirements set forth in these Official Rules or that otherwise does not comply with these Official Rules, such entrant will not be eligible to win a prize in this Promotion, but that entrant hereby grants a non-exclusive royalty free license to Sponsor and those authorized by Sponsor to post such Content on the Promotion Site in connection with the Promotion.
By accepting a prize in this Promotion, each winner (and the photographer of any photographic Content, if not the entrant, and any Identifiable Person or such Identifiable Person’s parent/guardian if such Identifiable Person is a minor) grants to Sponsor a nonexclusive license in perpetuity to Use the Content submitted by such winner (edited or unedited) for any and all purposes, including for advertising, Promotion and publicity of Sponsor and its products, without limitation and without further compensation or permission necessary.
Each entrant along with the photographer of any photographic Content (if applicable), any other party identified in the Content, and anyone involved in any manner with the Entry (collectively “Participants”) hereby waive and release Sponsor and the other Released Parties from any and all claims that the Participant and/or his/her heirs may now or hereafter have in any jurisdiction based on “moral rights” with respect to exploitation of the Content by Sponsor or those authorized by Sponsor, without further compensation to entrant of any kind. Participants agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or the other Released Parties on the grounds that any use of the Content, or any derivative works, infringe or violate any of Participant’s rights therein. Participant grants Sponsor, and anyone authorized by Sponsor, the right, but not the obligation, to associate the Content with entrant’s name, social media handle, image, likeness, hometown, and biographical information, without limitation and without compensation. Participants shall not receive any compensation or credit for Sponsor’s use of the Content other than that disclosed in these Official Rules.
By entering this Promotion and/or accepting a prize, winners and entrants hereby consent (unless prohibited by law) to the Sponsor’s use of such winner’s or entrant’s name, age, Content, photograph, voice, biographical information, statements, likeness and/or image, and city/state of residence without any further compensation in connection with the Promotion.
10. Miscellaneous: No transfer or cash redemption of prizes are permitted. No substitution of prizes allowed. Taxes on prizes and all expenses related to acceptance and use of prizes are the sole responsibility of winners. The Instant Prize and Grand Prize winners will be issued a 1099 for the value of his/her prize.
All prizes properly claimed will be awarded. Unclaimed prizes will not be awarded.
By entering the Promotion, each entrant affirms that he or she has read and agrees to abide by the Official Rules and the decisions of the Sponsor
Sponsor reserves the right to disqualify any entrant acting in violation of the Official Rules or found tampering with the entry process or with the operation of the Promotion or the Promotion Website. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO SPONSOR OR THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. LIMITATIONS AND RELEASE OF LIABILITY: Sponsor, Administrator, Mondelez International, Inc., any other person or entity involved in the planning, administration, execution or fulfillment of the Promotion, and all of their respective parent or affiliated entities, owners, officers, directors, employees, shareholders, members, agents or contractors (collectively “Released Parties”) are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
Released Parties are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in connection with the Promotion or in processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, illegible, incomplete, damaged or misdirected entries; (d) any failures of any social media sites; and (e) any condition or event that may cause the Promotion to be disrupted or corrupted. By participating in this Promotion, entrants, participants, and winners (collectively “participants”) all agree that in no event will Released Parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of such participant’s access to and use of the Promotion Website or any social media sites. Without limiting the foregoing, everything on the Promotion Website is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Sponsor reserves the right to cancel or modify the Promotion if fraud, misconduct or technical failures destroy the integrity of the Promotion; or if a computer virus, bug or other technical problem corrupts the administration or security of the Promotion as determined by Sponsor, in its sole discretion. In the event of termination, a notice will be posted on the Promotion Website and in Sponsor’s sole discretion; the winners may be selected from all eligible entries received prior to termination (provided a sufficient number of eligible entries have been achieved at the time of termination). Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such entries made by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
By participating or entering this Promotion, each Participant agrees to release, discharge, indemnify and hold harmless Released Parties from and against any claims, losses, damage or liability related in any way to the operation of this Promotion, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion.
12. LEGAL: Except where prohibited by law, as a further condition of participating in this Promotion, each entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Promotion or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitrations under the rules of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretations, enforcement and all proceeding at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstance will entrant (or his/her guardian) be permitted to obtain awards for, and entrant or entrant’s legal guardian hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and entrant or entrant’s legal guardian further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and/or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Iowa, without regard for conflicts of law doctrine, and all proceedings shall take place in Plymouth County, Iowa.
Instagram® is a registered trademark of Instagram, Inc. Twitter® is a registered trademark of Twitter, Inc.
13. TAMPERING: Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication method. Persons found tampering with or abusing any aspect of the Promotion, or who Sponsor believes to be causing malfunction, error, disruption, or damage will be disqualified. Entries that contain errors, or are incomplete or received after the Promotion Period, will not be accepted.
14. WINNERS LIST: To obtain a list of major prize winners, send a self-addressed, stamped envelope to: Enjoy Life Foods® #LunchFreely Winners List, P.O. Box 1162; Northbrook, IL 60065-0674 postmarked by September 15, 2016. Winners’ first name and initial of last name, along with their city/state of residence, may also be posted on the Promotion Website.