The Moola Saving Mom Hellmann’s & Breyers At Harris Teeter Shelfie Instagram Photo Contest Official Rules
OPEN ONLY TO LEGAL U.S. RESIDENTS, RESIDING IN DELAWARE, FLORIDA, GEORGIA, MARYLAND, NORTH CAROLINA, SOUTH CAROLINA, VIRGINIA AND DISTRICT OF COLUMBIA, WHO ARE 18 OR OLDER AS OF DATE OF ENTRY.
INTERNET ACCESS AND INSTAGRAM ACCOUNT ARE REQUIRED. “PROTECTED” INSTAGRAM ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES.
WINNERS WILL BE REQUIRED TO RESPOND TO INITIAL PRIZE NOTIFICATION FROM THE HOST WITHIN FORTY EIGHT (48) HOURS AND MAY ALSO BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN SEVEN (7) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR, THE ADMINISTRATOR, THE HOST (DEFINED BELOW), HARRIS TEETER AND INSTAGRAM FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
INSTAGRAM IS NOT RESPONSIBLE FOR THE CONDUCT, ADMINISTRATION OR EXECUTION OF THIS CONTEST.
The Moola Saving Mom Hellmann’s & Breyers At Harris Teeter Shelfie Instagram Photo Contest (the “Contest) is sponsored by Conopco, Inc., d/b/a Unilever (“Sponsor”) and hosted by Mirum Shopper (the “Administrator”) as well as by Jessie @moolasavingmom of http://moolasavingmom.com/ (“Host”).
- Entry Period: The Contest begins on or about 5:00 p.m. Central Time (“CT”) on Wednesday, August 24, 2016 and ends on or about 11:59 p.m. CT on Tuesday, September 6, 2016 (the “Entry Period”). The Administrator’s clock will be the official timekeeping device for the Contest. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects.
- Eligibility: Open only to legal residents of DE, FL, GA, MD, NC, SC, VA and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. If a participant is eligible in his or her state of residence to enter as a minor, his or her parent or legal guardian agrees to these Official Rules along with and on behalf of the minor child. All rights and responsibilities of the minor under the Official Rules are conferred and assumed respectively by the minor’s parent or legal guardian in representation of the minor. Employees, officers and directors of Sponsor, Administrator, Host, Harris Teeter, their respective affiliates, parents, subsidiaries, divisions, and advertising, promotional and judging agencies, and each of their respective immediate family members (spouses, parents, children, and siblings and each of their spouses) and/or those living in the same household of each are not eligible to participate or win. All federal, state and local taxes are the sole responsibility of winners. Void where prohibited by law. Subject to all federal, state and local laws.
Creating an Instagram account is free. All material submitted to Sponsor in connection with this Contest shall be referred to herein as the "Entry", but additional copy and/or captions accompanying the Photo will not be judged. The person submitting the Entry shall be referred to herein as the "Entrant." Each Entrant (or the parent/legal guardian for any Entrant who is a minor in his/her state of residence "minor") attests that he/she has made all those depicted in the Entry (or parent/legal guardian for any person depicted who is a minor) aware that he/she is submitting an Entry containing them in this Contest, and all depicted (or parent/legal guardian for any person depicted who is a minor) have agreed that Entrant may submit such Entry. Further, the Entrants who are determined as the Grand Prize winners may need to obtain a Release from those depicted in their Entry, if applicable (or the parent/legal guardian of any minors depicted) prior to being confirmed as an official winner.
All Entries must be received by 11:59 p.m. CT on Tuesday, September 6, 2016, to be eligible. By entering, you (or your parent/legal guardian if you are a minor) understand that your Entry, in its entirety or any portion thereof, (in Sponsor's sole discretion) may be used in Sponsor-selected media in perpetuity without compensation unless required by law. Normal Internet access and usage charges imposed by Entrants' online service will apply and are Entrants' sole responsibility. Data charges may apply if entering via your mobile device. Entries become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged Entries. Proof of submission is not proof of receipt by Sponsor. There is a limit of one (1) Entry per person.
- Entry Requirements: In order to be entered into the Contest, Entrants must comply with instructions when submitting their Entry. Automated, script, macro or robotic Entries submitted by individuals or organizations will be disqualified. Proof of posting, sending or submission will not be deemed to be proof of receipt by Sponsor. Use of any automatic means to enter the Contest is prohibited. Any attempt by any Entrants to obtain more than the stated number of entries by using multiple/different email addresses, Instagram accounts, identities, registrations and logins, or any other methods will void such entries and that Entrants may be disqualified. Sponsor is not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the Entrant or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest.
- Contest Winner Determination And Notification: Each Entry will be judged by representatives of the Sponsor. The criteria used to judge will be:
30% Quality Of Photo
The Entries that receives the highest scores will be deemed the Prize winners, subject to verification. If two Entries are tied, the Entries will be re-judged based 100% on Creativity. The judges decisions are final in matters relating to the Contest. Information regarding judging will not be shared with Entrants at any time. By submitting an Entry, Entrants (or their parent/legal guardian for minors Entrants) agree to the decisions of the Sponsor.
The potential two (2) Prize winners will be contacted by the host via Instagram on or around Friday, September 9, 2016, and will be required to respond to the initial prize notification within five (5) days or the prize will be forfeited and a new winner may be chosen.
- Prizes and Approximate Retail Values (“ARVs”):
Grand Prize (2): A Dale Earnhardt Jr. Autographed Prize Pack including the following three (3) items:
- One (1) Dale Earnhardt Jr. Autographed Diecast Model Car (ARV $160)
- One (1) Dale Earnhardt Jr. Autographed T-Shirt (ARV $60)
- One (1) Dale Earnhardt Jr. Autographed Hat (ARV $60)
ARV of all prizes offered is $560. Any difference between the ARV and actual retail value of a prize will not be awarded to winners. All prize components are subject to availability. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the prize (or portion of prize) is unavailable. Please allow 6-8 weeks from winning notification for prizes to be delivered. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). A third party may fulfill prizing.
Prize winners may be required to provide Sponsor with a valid taxpayer identification number or social security number before prizes will be awarded for tax reporting purposes. The winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. Unclaimed prizes may go unawarded.
- Release: The Contest Winners and all Entrants, as a condition of entry into the Contest, agree to release Sponsor, Administrator, Host, Instagram, Harris Teeter, and each of their respective agencies, parents, subsidiaries, affiliated companies and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of this Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry creation, the acceptance, possession, use or misuse of any prize, if applicable or participation in the Contest or participation in any Contest or related activity, or the receipt, ownership or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of any prize. Acceptance of prize constitutes permission for the Released Parties to use winner’s Entry, name and likeness for promotional purposes (including any possible public relations opportunities) without further. Entrants agree to be bound by the Official Rules and the decisions of the judges, which are final and binding in all respects. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. Entries generated by script or bot are not eligible. As a condition of entering the Contest, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
- DISPUTES, ARBITRATION: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. THE REMEDY FOR ANY CLAIM BROUGHT BY AN ENTRANT IN THIS CONTEST SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10 US), AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
Except where prohibited by law, any and all disputes, claims, and causes of action between a Entrant and any Released Party arising out of or connected with this Contest or any Prize awarded, or the determination of a Prize Winner, must be resolved individually, without resort to any form of class action or class-wide arbitration. Except for disputes where a Released Party is seeking a preliminary injunction, any and all disputes and claims relating to this Contest must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Contest, all Entrant expressly waive the right to trial by jury. The arbitration must be conducted in Los Angeles County, California, in the English language, and before three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the costs of the arbitration, and Entrant will be responsible for his or her own attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive, exemplary, consequential or incidental damages. Any dispute, claims, and arbitration proceedings must at all times be kept confidential, except to the extent necessary to enforce or collect the arbitration award or except as the parties agree in writing. Each Entrant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in Los Angeles County, California, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Additional Terms: Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to register the Instagram account used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Any attempted form of entry other than as set forth in Section 3 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor is not responsible for the failure of any Instagram post to be received by Sponsor for any reason, including without limitation, whether or not on account of technical problems or congestion on the internet or at either entry site. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest 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 other Entrant or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE Contest MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Winners List: For the names of the Prize winners, available after 9/19/16, send a stamped, self-addressed envelope by 12/19/16, to: The Moola Saving Mom Hellmann’s & Breyers At Harris Teeter Shelfie Instagram Photo Contest Winners List, 2920 S Sepulveda Blvd Los Angeles, CA 90064.
- Sponsor/Administrator: The Sponsor of the Contest is Conopco, Inc., d/b/a Unilever, 800 Sylvan Ave., Englewood Cliffs, NJ 07632. The Administrator of the Contest is Mirum Shopper, 2920 S Sepulveda Blvd Los Angeles, CA 90064.
Entrant specifically release Sponsor, Administrator, Host, Instagram and Harris Teeter from any and all liability associated with this Contest and/or acceptance, use or misuse of the Prize.
Harris Teeter and Instagram are not responsible for the conduct, administration or execution of this Contest.