The Love Your Leftovers Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
OPEN ONLY TO LEGAL U.S. RESIDENTS, RESIDING IN AK, AR, AZ, CA, CO, DC, DE, HI, IA, ID, IL, IN, LA, MA, MD, ME, MO, NE, ND, NH, NJ, NM, NV, OR, PA, RI, SD, TX, UT, VA, VT, WA OR WY, 18 YEARS OF AGE OR OVER AS OF ENTRY DATE WHO OWN A WEB-ENABLED MOBILE DEVICE COMPATIBILE WITH INSTAGRAM AS OF 11/26/15.
EACH WINNER WILL BE REQUIRED TO RESPOND TO INITIAL PRIZE NOTIFICATION FROM THE ADMINISTRATOR WITHIN FIVE (5) BUSINESS DAYS AND EACH WINNER 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 (DEFINED BELOW), INSTAGRAM AND ALBERTSONS-SAFEWAY 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.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
- Sweepstakes Period: The Love Your Leftovers Sweepstakes (the “Sweepstakes”) begins at 9:00 a.m. Pacific Time (“PT”) on Friday, November 27, 2015 and ends at 8:59 a.m. PT on Friday, December 4, 2015 (the “Sweepstakes Period”). The Administrator’s clock will be the official timekeeping device for the Sweepstakes.
2. Eligibility: Open only to legal residents of Alaska, Arkansas, Arizona, California, Colorado, Washington D.C., Delaware, Hawaii, Iowa, Idaho, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Montana, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Virginia, Vermont, Washington or Wyoming, who are eighteen (18) years of age or older at the time of entry and own a web-enabled mobile device compatible with Instagram as of 11/26/15. 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 of Conopco, Inc., d/b/a Unilever, (“Sponsor”), Lunchbox (the “Administrator”), Albertsons-Safeway, their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively “and its Administrators”), and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members spouses, parents, children, and siblings and 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 winner. Void where prohibited by law and subject to all federal, state and local laws.
4. Entry Requirements: In order to be entered into the Sweepstakes, Entrants must comply with registration instructions when submitting their Entry. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand (other than Unilever food brands or Albertsons-Safeway). Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and winner acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit.
Multiple Entries received from any person or Instagram username in excess of the limitation stated above will be void. If you do not have an Instagram account, visit www.Instagram.com to download the application. Instagram is not affiliated with this Sweepstakes in any way and are not responsible for the administration of the Sweepstakes or the awarding of the prizes. No endorsement or approval of Sweepstakes by Instagram is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- Sweepstakes Random Drawing/Odds: Fifty (50) Winners will be selected in a random drawing on or about Thursday, December 10, 2015 from among all Entries received during the Sweepstakes Period. The odds of winning a Sweepstakes Prize depends on the number of eligible Entries received. The random drawing will be conducted by the Administrator, whose decisions are final on all matters relating to the Sweepstakes. Winners will be contacted via the Instagram account they used to enter the Sweepstakes and will be required to respond to the initial prize notification within five (5) business days or the prize will be forfeited and a new winner may be chosen.
- Prizes and Approximate Retail Values (“ARVs”): Grand Prize (1): Six (6) Sponsor-selected 5-piece dinnerware collection sets (ARV $600)
First Prize (1): One (1) Sponsor-selected 3-piece cheese knife set, cheese board with glass dome set and a $100 Gift Card to either Albertsons or Safeway (ARV $450)
Second Prize (1): One (1) Sponsor-selected kitchen mixer and a $150 Gift Card to either Albertsons or Safeway (ARV $255)
Third Prize (47): One (1) Sponsor-selected large French Vanilla candle and a $50 Gift Card to either Albertsons or Safeway (ARV $78)
ARV of all prizes offered is ~$5,000. Any difference between the ARV and actual retail value of a prize will not be awarded to winner. Gift card subject to restrictions and expiration dates may apply. All prize components are subject to availability. Limit one (1) Prize per person. 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.
- Release: Prize Winners and all Entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor, Administrator, Albertsons-Safeway, 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 Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with participating in any aspect of the Sweepstakes, the receipt, ownership, use or misuse of any prize awarded, any typographical or other error in these Official Rules or the announcement or offering of any prize, or any claims based on publicity rights, defamation, or invasion of privacy. Acceptance of prize constitutes permission to use winner’s name and likeness for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By participating in the Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the judges. The Sponsor and its agencies are 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 user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. 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 Instagram account used to enter will be deemed to be the Entrant. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel the Sweepstakes and select the winners from among all eligible Entries received prior to cancellation. 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 Sweepstakes, 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 Sweepstakes, 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 SWEEPSTAKES 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 SWEEPSTAKES 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 an Entrant and any Released Party arising out of or connected with this Sweepstakes 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 Sweepstakes must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Sweepstakes, all Entrants 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: 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 Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes 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 Sweepstakes. 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 Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes 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 entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 12/29/15, send a stamped, self-addressed envelope by 3/29/16, to: The Love Your Leftovers Sweepstakes Winners List, 2920 S Sepulveda Blvd Los Angeles, CA 90064.
- Sponsor/Administrator: The Sponsor of the Sweepstakes is Conopco, Inc., d/b/a Unilever, 800 Sylvan Ave., Englewood Cliffs, NJ 07632. The Administrator of the Sweepstakes is Lunchbox LLC, 2920 S Sepulveda Blvd Los Angeles, CA 90064.
Entrants specifically release Sponsor, the Administrator and Albertsons-Safeway from any and all liability associated with this Sweepstakes and/or acceptance, use or misuse of the Prize.
Instagram and Albertsons-Safeway are not responsible for the conduct, administration or execution of this Sweepstakes.