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Eagle Brand® Sweetened Condensed Milk Giveaway Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE OF THE CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA. ALL FEDERAL, STATE AND/OR LOCAL LAWS, RULES, REGULATIONS AND ORIDINANCES APPLY. MUST HAVE REACHED AGE OF MAJORITY IN YOUR STATE OR DISTRICT TO ENTER.
Acknowledgement: By entering this Sweepstakes, the entrant acknowledges that the Sweepstakes is not sponsored, endorsed, administered by or associated with Instagram® or its parents, affiliates, and subsidiaries.
Sponsor: The Eagle Brand® Sweetened Condensed Milk Giveaway Sweepstakes (“Sweepstakes”) is sponsored by Eagle Family Foods Group LLC, 4020 Kinross Lakes Parkway, Richfield, Ohio, 44286 (“Sponsor”).
Official Rules: This Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be and are bound by the terms and conditions contained herein, including all eligibility requirements, and by all related decisions of Sponsor which are final and binding.
Eligibility: This Sweepstakes is open to all legal residents of the Continental (48) United States and the District of Columbia who have reached the age of majority in their jurisdiction of residence at the time of entry and have a valid Instagram® account. Employees of Eagle Family Foods Group LLC, and its respective parent companies, subsidiaries, affiliates, sales representatives, dealers, distributors, licensees or agents, advertising and promotional agencies, and all such employee's immediate family members (spouse and parents, children and siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, whether or not related, are not eligible to enter or win.
Entry Period: The Entry Period for this Sweepstakes begins on 12/12/2017 at 9:00AM (ET) and ends on 12/15/2017 at 2:00PM (ET) ('Entry Period'). Sponsor’s clock with be the official timekeeper for this Sweepstakes.
How to Enter: During the Entry Period, visit the Sponsor's Instagram® Page at https://www.instagram.com/eaglebrandmilk (the "Sweepstakes Site"). Follow the online instructions to comment on the published content on the post at the Sweepstakes Site and tag a friend to enter. Limit one (1) entry per person per Entry Period regardless of account used to submit entry. Multiple entries and entries generated by bot, script, macro or other automated means will be void and ineligible to win. Entries become the sole property of Sponsor. Only items represented on the Sweepstakes Site published content are available as prizes. All other products are ineligible.
NOTE: You must login with a valid Instagram® account in order to participate in the Sweepstakes. Entries that do not include all the required information and adhere to these Official Rules will be considered void and will not be eligible to win. By entering, you understand that you are providing your information to Sponsor and not Instagram. The Released Parties (as defined below) are not responsible for lost, late, damaged, stolen, misdirected, undelivered or undeliverable, non-transmitted or partially transmitted, incorrect, corrupt, illegible or incomplete entries. Once entered, you may not delete or change your entry. In the event of a dispute as to any entry, the authorized account holder of the account used to enter will be deemed to be the entrant. The “authorized account” holder is the natural person assigned to the account. Potential winners may be required to show proof of being the authorized account holder.
Sweepstakes Prize: ONE (1) Prize consisting of a $500 Crate and Barrel gift card, 2 cans of Eagle Brand® Sweetened Condensed Milk; and a baking supply set that includes one of each of the following items: baking pan, whisk, spatula, (4) cookbooks and a dish towel will be awarded to ONE (1) verified Winner. Total Estimated Retail Value of the Prize is: $800.00. Winner is solely responsible for all applicable federal, state and local taxes associated with the receipt or use of any prize, as well as any other costs and incidental expenses associated with prize acceptance and/or use that are not specifically listed as part of the prize in these Official Rules. Limit one prize per person per household.
General Prize Conditions: Prize will not be delivered outside the 48 Continental United States. Prize is not transferable, assignable or redeemable for cash, and winner may not elect to substitute one prize for another. Sponsor reserves the right to substitute any prize in whole or in part with another prize of equal or greater value for any reason in Sponsor's sole discretion. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any potential Winner, or the distribution of any prize. All prize details are at Sponsor’s sole discretion. Under no circumstances will more than one (1) prize be available to be awarded.
Winner Selection and Odds Statement: Sponsor will randomly select ONE (1) potential winner on or about 12/15/17 from all eligible entries received. Potential winner is subject to verification. Odds of winning depend on the total number of eligible entries received.
Potential Winner Notification and Prize Acceptance: Sponsor will attempt to notify potential Winner by an Instagram reply to the potential Winner's Instagram comment. Potential Winner will have seven (7) days of from successfully being notified to claim prize. Sponsor is not responsible for potential Winner’s failure to receive prize notification due to technical failure, security settings of any kind, or potential Winner’s failure to properly enter or correctly provide adequate means of making contact for notification purposes or providing incorrect or nonfunctioning contact information or identification.
Except where prohibited by law, in order to claim the Prize, the potential Winner must sign and return, an Affidavit of Eligibility and a Release of Liability and Publicity within the allotted 7 days from notification. If the potential Winner is ineligible, chooses to forfeit the Prize, cannot be notified, or fails to timely return a properly completed and signed Affidavit of Eligibility and a Release of Liability and Publicity, the Prize will be forfeited. In the event that more than one individual responds to any single potential Winner notification and claims to be the Entrant who posted the selected Entry, the Sponsor reserves the right, in its sole discretion, to disqualify the entry associated with the account used to make the entry. If a potential Winner forfeits or is disqualified for any reason, an alternate potential Winner will be selected at random for all remaining eligible entries on or about 12/15/17. All decisions of Sponsor or Sponsor’s agents or designees are final and binding in all matters related to this Sweepstakes, including but not limited to, decisions about the administration of this Sweepstakes, selection of the potential Winner, verification of the Winner and the award of any prize.
General Rules: Sponsor reserves the right in its sole discretion to disqualify any entrant and/or individual who does not meet the eligibility requirements, it finds to be tampering with the entry process or to be acting in noncompliance with and/or violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated entries. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision provided herein.
Entrant understands and agrees that no confidential or fiduciary relationship is established by entering the Sweepstakes between any entrant and Sponsor and nothing in these Official Rules shall be deemed to create such a relationship.
Grant of Publicity Rights: By submitting an entry, each entrant grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the entry and all elements of such entry, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, but not limited to, applicable profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade, except where prohibited by law.
Force Majeure/Printing and Production Errors: Sponsor reserves the right to modify, extend, suspend, or terminate this Sweepstakes, in whole or in part, without prior notice and at any time, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if Sponsor determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions, errors or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by forces beyond its control, including but not limited to fire, flood, natural or man-made disasters, health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disobedience, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulations, public health crises, order of any court or jurisdiction, or other cause (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If terminated, Sponsor may, at its discretion, select a winner at random from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Only the type and quantity of prizes described in these official rules will be awarded.
General Release of Sponsor and Social Media Platform: By entering, you agree to release, discharge, indemnify, and hold harmless Instagram® and Sponsor and their respective employees, officers, directors, shareholders, affiliates, subsidiaries, parent and related companies, distributors, dealers and agencies and its respective successors and assigns (collectively, “Released Parties”) from all injuries, claims, damages or losses, costs or expenses of any kind resulting from acceptance of or possession of or arising out of use or misuse of a prize or parts thereof or from participation in this Sweepstakes. Released Parties are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries, comments or messages; (ii) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) 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; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; or (vii) injury or damage to any person's computer related to or resulting from participating in this Sweepstakes.
Governing Law: This Sweepstakes is governed by, and construed in accordance with, the laws of the state of Ohio, U.S.A, exclusively without giving effect to the conflicts of laws rules thereof. This includes all issues related to the enforcement r interpretation of these Official Rules, including the application of the dispute Resolution provision herein. Any claims, whether tort, contractual, statutory, or of any kind whatsoever and whether heard in arbitration or otherwise shall also be governed exclusively by the laws of the State of Ohio. Also, any matters or proceeding which are not subject to arbitration as set forth in these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Ohio, in the city of Richfield.
DISPUTE RESOLUTION: By participating in the Sweepstakes, you agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, including the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding confidential arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator admitted to practice law for at least fifteen (15) years pursuant to the applicable Rules and Procedures established by AAA. The sole arbitrator shall not have the power to award punitive, consequential, special, or exemplary damages. Any arbitration hearing will be conducted in Richfield, Ohio, or another location agreed to by the parties and reasonably convenient for the parties. NO PARTY IS ENTITLED TO BRING CLAIMS, NOR SHALL ANY CLAIMS BE HEARD, ON A CLASS, REPRESENTATIVE, OR OTHER JOINT BASIS, AND THE ARBITRATOR CAN DECIDE ONLY PARTICIPANT’S OR SPONSOR’S INDIVIDUAL CLAIMS. IN NO EVENT MAY THE ARBITRATOR CONSOLIDATE OR JOIN THE CLAIMS OF ANY PERSON OR PARTY, WHETHER OR NOT ON THE BASIS THAT THEY ARE SIMILARLY SITUATED.
JURY WAIVER: NO PARTY WILL BE ENTITLED TO A TRIAL BY JURY.
DISCLAIMER OF WARRANTIES. THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE GAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
Winner’s List and Official Rules: For a copy of the Winner’s List, send a separate, stamped, self-addressed envelope to: Eagle Brand®, [Eagle Brand Sweetened Condensed Milk Sweepstakes Giveaway], 4020 Kinross Lakes Parkway, Richfield, Ohio, 44286. Winner’s List requests must be received no later than one month after the conclusion of the Sweepstakes. All requests for copies of the rules must be received by 12/15/2017. Only one copy of the rules will be sent per envelope. Vermont residents may exclude return postage.
* Instagram and Crate and Barrel are registered trademarks of their respective owners