Galbani® brand cheese #CapreseDay Social Media Photo Contest Terms and Conditions
NO PURCHASE, PAYMENT OR MOBILE DEVICE NECESSARY TO ENTER.
MAKING A PURCHASE OR PAYMENT, OR USING A MOBILE DEVICE, WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING A PRIZE.
The Galbani® Brand Cheese “#CapreseDay” Sweepstake (the “Sweepstake”) is sponsored by Lactalis American Group, Inc. 2376 South Park Avenue Buffalo, NY 14220 (“Sponsor”) and administered by MarketingLab, Inc., 701 Washington Avenue North, Suite 500, Minneapolis, MN 55401 (“Administrator”).
This Sweepstake is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Facebook and Instagram are not affiliated with the Sponsor in any way.
1. SWEEPSTAKE PERIOD: The Sweepstake starts on August 1, 2017 at 12:01 A.M. Eastern Time (“ET”) and ends on August 13, 2017 at 11:59:59 P.M. ET (the “Sweepstake Period”).
2. ELIGIBILITY: This Sweepstake is open only to legal residents of the United States, including the District of Columbia and excluding Rhode Island who are 18 years of age or older at the time of entry (19 years of age or older if a resident of Alabama or Nebraska). This Sweepstake is void where prohibited by law. Employees, officers and directors of Lactalis American Group, Inc., MarketingLab, Inc. and Solve Advertising & Branding., their respective shareholders, parent companies, affiliates, subsidiaries, advertising, promotion and production agencies, and members of the immediate families members (defined as spouse, biological, adoptive or step-parent, grandparent, child, grandchild and sibling, and the spouses of each, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstake.
This Sweepstake is subject to all applicable federal, state and local laws and regulations. Participation constitutes each entrant’s full and unconditional agreement to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstake. Winning the Prize is contingent upon fulfilling all requirements set forth herein. The Sponsor’s computer will be used as the official Sweepstake clock to determine the Sweepstake Period.
THERE IS NO PURCHASE, PAYMENT OR MOBILE DEVICE NECESSARY TO ENTER THE SWEEPSTAKE. MAKING A PURCHASE OR USING A MOBILE DEVICE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
3. HOW TO ENTER: There are two (2) ways to enter: (1) Online via Facebook or (2) Online via Instagram, as described below
Via Facebook. Take a photo of your Caprese creation. Log onto Sponsor’s Facebook Page at https://www.facebook.com/galbaniitaliancheese/ and post your photo using the hashtag “#CapreseDaySweepstakes” and tagging Galbani Cheese @galbaniitaliancheese. You must include the hashtag #CapreseDaySweepstakes” in your post. Failure to include the hashtag in its entirety will result in removal of your post and disqualification from the Sweepstake. You must have a Facebook account to enter via this entry method. If you do not have a Facebook account, you can create one by visiting www.facebook.com. Facebook accounts are free.
Via Instagram: Take a photo of your Caprese creation using Fresh Mozzarella. Log onto your Instagram account and upload your photo using the hashtag “#CapreseDaySweepstakes and tagging Galbani Cheese @galbanicheese. You must include the hashtag “#CapreseDaySweepstakes” in your post. Failure to include the hashtag in its entirety will result in removal of your post and disqualification from the Sweepstake. You must have an Instagram account to enter via this entry method. If you do not have an Instagram account, you can create one by visiting www.instagram.com. Instagram accounts are free.
Photos may be black-and-white or color, and in a file size and format compatible with the social media platform through which you enter. The photo you post in accordance with these Official Rules, in either or both of the above social media platforms, will constitute your “entry” for purposes of this Sweepstake and your acceptance of these Official Rules. Limit one (1) entry per entrant and per household per week, regardless of the number of Facebook or Instagram accounts an entrant or household may have. For purposes of this Sweepstake, a “week” begins on a Monday and ends on the Sunday that immediately follows, with the exception of the last week of the Sweepstake Period, which will begin on Monday, July 31, 2017 and end on Thursday, August 10, 2017.
If an entrant submits more than one entry per week, only the first valid entry received that week will be included in the prize drawing; all other entries received that week will be disqualified, regardless of the method of entry.
If you choose to enter via a mobile device, you will be subject to all related charges and fees in accordance with the terms of your agreement with your service provider. Participants are solely responsible for Internet connectivity, digital transmission, software and hardware that may be required in order to submit any entry.
Your entry must comply with all Entry Requirements and Content Restrictions set forth in these Official Rules. By submitting your entry, you represent that you have reviewed, understand and accept these Official Rules unconditionally. Further, and as applicable, you and your entry must comply with the Instagram Terms of Service and all Instagram Rules and policies available at www.Instagram.com, and with the Facebook Terms of Service and all Facebook Rules and policies, available at www.facebook.com.
Your entry must be submitted on a public (i.e. not “protected”) Facebook or Instagram account. The Facebook or Instagram account used to enter may not be a shared, corporate or organization account.
Participants are solely responsible for Internet connectivity, digital transmission, software and/or hardware that may be required in order to submit any entry.
All entries become the property of the Sponsor and will not be acknowledged or returned. Proof of submission (posting) of an entry will not be deemed proof of receipt by Sponsor. No robotic or otherwise automated entries or use of third-party entry services are allowed. All entries must be received in accordance with these Official Rules by 11:59:59 p.m. ET on the last day of each week (as defined herein).
Once submitted, entries cannot be modified, amended, withdrawn or supplemented by entrant in any way.
Entries must be created for the sole purpose of this Sweepstake and must be posted by the entrant. Re-posts, shared or forwarded posts will not be accepted.
Publication of an entry in such media does not indicate that the entry has been selected as the Prize winner. By submitting your entry, you give the Sponsor the right to publish any submitted entries, in whole or in part, in any and all public media in perpetuity.
4. Entry Requirements/Sweepstake Restrictions: Entries must be original, unpublished, conceived and created entirely by the entrant, and not previously or currently submitted for consideration in any other Sweepstake or promotion. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation. Entry images must be unaltered, and must not infringe on the copyrights, trademarks, privacy or publicity rights, intellectual property rights, or public or private property rights of any person or entity. Entrants must obtain permission for use in this Sweepstake from any person other than the entrant who is depicted in the entry. If any person depicted in an entry is considered a Minor in the jurisdiction in which s/he resides, you must secure written permission from that person’s parent or legal guardian. Proof of permission may be required at any time. Entries may not include the image or likeness of minors (persons under the age of 18) Entrants must use caution and common sense when creating their entries. In addition, entries must conform to the following requirements and restrictions:
- Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
- Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), including but not limited to depictions of intoxication, any activities that may be unsafe or dangerous, or any particular political agenda or message;
- Entry cannot be obscene or offensive, or endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, its products, or other people, products or companies;
- Entry cannot contain trademarks or images owned by others (except Sponsor’s trademarks to the limited extent allowed hereunder*), or advertise or promote any brand or product of any kind (except Sponsor’s brand), without permission, or contain any personally-identifiable information, such as, but not limited to, license plate numbers, personal names, email addresses or street addresses;
- Entry cannot contain copyrighted materials owned by others (except Sponsor’s copyrighted materials for the limited purposes of this Sweepstake only) without permission;
- Entry cannot contain materials embodying the names or other indicia identifying any person, living or dead, without permission from that person or his/her estate;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entry must be suitable for family audiences and for display and publication, in the sole determination of Sponsor
The above list is not meant to be exhaustive. If an entry is determined, by the Sponsor, to be in violation of any of the foregoing requirements/restrictions, or unsuitable for inclusion in this Sweepstake for any reason, the entry will NOT be deemed eligible for this Sweepstake. By submitting an entry, entrant hereby warrants and represents that the entry conforms to all requirements and restrictions set forth herein, and that publication of the entry via various media, including Web posting, will not infringe on the rights of any third party. Each entrant hereby indemnifies and holds harmless Sponsor from and against any claims to the contrary.
LIMITED LICENSE: THE SPONSOR’S TRADEMARKS AND COPYRIGHTED MATERIALS (“SPONSOR’S MARKS”) MAY BE USED FOR PURPOSES OF THIS SWEEPSTAKE ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S MARKS ARE GRANTED UNDER THESE OFFICIAL RULES.
BY ENTERING, YOU ACKNOWLEDGE THAT POSTS SUBMITTED IN THIS SWEEPSTAKES WILL NOT BE EDITED BY SPONSOR AND ARE YOUR VIEWS/OPINIONS AND DOREPRESENT THAT YOUR ENTRY REFLECTS IS YOUR VIEW AND OPINION AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
5. DRAWINGS, PRIZES AND ODDS OF WINNING:
Drawing. The Prize winner will be randomly selected by the Administrator on or about August 17, 2017, from among all eligible entries received through eligible entry methods to select one (1) Prize winner.
Prize. The Prize consists of one (1) trip for two (2) (Prize winner and one (1) guest) to Las Vegas, NV.
(“Trip”) The Trip includes the following: Round-trip, coach-class air transportation for the Prize winner and one (1) adult guest* departing from and returning to a major airport near the winner’s legal residence (as determined by Sponsor) to Las Vegas, NV; one (1) double-occupancy room hotel for the Prize winner and one (1) guest at The Venetian® Hotel (Las Vegas) (); a dinner for the Prize winner and one (1) guest at Canaletto (up to $500); a private gondola ride at The Venetian for the Prize winner and one (1) guest; and one (1) Galbani Welcome bag, which will include, a cook book, cutting board and 10 free product coupons. The approximate retail value of the Prize is $2,000.00. All expenses, costs and accommodations not expressly listed above as being included with the Prize, including but not limited to all ground transportation, cash, hotel incidentals, meals, souvenirs and tips, are solely the Prize winner’s responsibility.
*Prize winner’s guest must be at least 18 years of age (at least 19 if a resident of Alabama or Nebraska) by time of travel. Travel must take place during the period of September, 2017 through August, 2018 or the prize will be forfeited in its entirety and awarded to an alternate winner in a random drawing from among all remaining entries received through both eligible entry methods combined. Exact dates of travel will be determined by the Prize winner. Further travel and/or accommodations restrictions may apply. The actual value of the Grand Prize depends on the city of departure and airfare fluctuations, and any difference between the stated ARV and the actual value, if any, will not be awarded. If the potential winner cannot accept prize as stated, the prize will be forfeited and awarded to an alternate winner in a random drawing from among all remaining entries received through both eligible entry methods combined. All travel arrangements are subject to availability and will be made by Lactalis American Group, Inc. All other expenses and costs not expressly listed above as being included with the prize, including but not limited to all ground transportation, hotel incidentals, meals, souvenirs and tips, are solely the winner’s and guest’s responsibility.
The prize consists only of the items described herein. The prize winner may not assign, sell or otherwise transfer the prize to another person. No cash redemptions are allowed. No prize substitution is allowed, in whole or in part, except at the discretion of the Sponsor or as provided herein. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable for any reason
The Prize winner will be responsible for all federal, state and local income taxes resulting from acceptance of the prize. The Prize winner will be issued an IRS Form 1099 for the value of the prize.
Odds of Winning. Only one (1) Prize will be selected among the number of eligible entrants. The odds of winning the Prize will be dependent on the number of eligible entries.
6. HOW TO CLAIM THE PRIZE: The potential Prize winner will be notified via email or via the Instagram or Facebook account used to submit the winning entry with instructions on how to claim the Prize. If the potential Prize winner or entry is found, by Sponsor, to be ineligible or not in compliance with these Official Rules, or the Prize winner declines to accept the Prize, or if Sponsor is unable to contact the potential Prize winner within seven (7) days of the date of the drawing, or if any prize notification is returned as undeliverable, the Prize will be forfeited and, in the Sponsor’s sole discretion, the prize may by that selected Prize winner and will be awarded to an alternate Prize winner in a random drawing from among the remaining entries received through both eligible entry methods combined. The Prize winner will be required to furnish proof of identification. Before being declared To accept the Prize winner, the potential winner will be required to execute and return an Affidavit of Eligibility and a Liability/Publicity Release (where permitted) within ten (10) days of receipt of the documents, or the Prize may (in Sponsor’s sole discretion) be forfeited and awarded to an alternate winner in a random drawing from among the remaining entries received through both entry methods combined. Grand Prize winner’s guest will also be required to sign and return a Liability/Publicity Release as a condition of accompanying winner on trip eligible entry methods.
7. LIMITATION OF LIABILITY: Neither Sponsor nor Administrator are responsible for: (A) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Sponsor or posted for any reason; (B) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt, posting or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; (C) failed or unavailable hardware, network or software; (D) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstake; (E) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstake; (F) any typographical or other error in any printing or advertising relating to the Sweepstake, in the administration or execution of the Sweepstake, or in the announcement of the Prize winner; (G) damage to entrant’s or any person’s computer resulting from participation in the Sweepstake; (H) changes in applicable social media policies; (I) cheating or fraud by any entrant; and (J) any act or omission of third parties related to this Sweepstake or the Prize.
If for any reason the Sweepstake cannot be executed as planned, including but not limited to any printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, social media mandate, malfunction or error, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstake, or if the Sweepstake is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstake with or without notice. If the Sweepstake is terminated prior to the published end of the Sweepstake Period, the Prize winner will be chosen in a random drawing from among all eligible entries received through eligible entry methods prior to the time and date of termination. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstake, or who acts in violation of these Official Rules or in a disruptive manner. Sponsor’s failure to enforce any term or condition of these Official Rules does not constitute a waiver of that term or condition. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering the Sweepstake, the entrant will releases, discharge, defend and indemnify the Sponsor, MarketingLab, Inc., Facebook, and Instagram, along with their respective shareholders, parent companies, affiliates and subsidiaries, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claim, losses, and damages arising from or relating to entrant’s participation in the Sweepstake and the acceptance, use, misuse, or possession of the Prize received.
By accepting the prize, the winner acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
8. RIGHTS GRANTED TO SPONSOR: By entering this Sweepstake, each entrant agrees to assign all rights of ownership of his/her entry to the Sponsor, including but not limited to copyright, publicity rights, and a sub-licensable, royalty-free, fully paid, unlimited, worldwide license and right, without limitation or compensation and without further permission, to reproduce, publish, display, edit, adapt, modify, distribute, develop, make derivative works from and otherwise use his/her entry in whole or in part for any commercial or non-commercial purposes in any manner and in any medium now known or hereafter devised, including but not limited to the internet and social media platforms, throughout the world in perpetuity.
By entering this Sweepstake, each entrant further agrees as follows:
(A) entrant will not instigate, support, maintain or authorize any action or lawsuit against the Sponsor on the basis that any use of his/her entry infringes any of his/her rights as creator of such entry;
(B) his/her entry is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligations other than those contained in these Official Rules, and Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to entrant. Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant;
(C) entrant will not now or in the future be paid or compensated in any way for his/her entry or for granting the Sponsor any of the rights set out in these Official Rules; and
(D) Sponsor is not obligated to make use of any of the rights granted in these Official Rules.
Sponsor may require any entrant to execute documents to confirm the grant of rights hereunder and failure to do so may result in the entrant’s disqualification.
9. DISPUTES/VENUE/GOVERNING LAW: By participating in this Sweepstake, entrant agrees that: (A) any and all disputes, claims and causes of action arising out of, or connected with this Sweepstake and the Prize will be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Erie County, New York (B) to the extent allowed by law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN PROVISIONS ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstake-related materials or made by any representative of Sponsor or Administrator, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. PUBLICITY RIGHTS: By participating in the Sweepstake and/or accepting the prize, each entrant agrees to allow Sponsor and/or Sponsor’s designees the perpetual right to use his/her name, biographical information, personal photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on the Internet and social media platforms, without further notice, review or approval, and without compensation, except where prohibited by law.
12. GENERAL: By entering, entrants waive any right to claim ambiguity in these Official Rules. In no event will more than one (1) Prize be awarded. In the event that due to technical, typographical, mechanical, human or other errors, more than one (1) person is notified as the Prize winner, a random drawing from among all notified entrants will be held to determine the Prize winner. In the event of a dispute regarding the identity of the person who submitted the winning entry, the entry will be deemed made by the person whose name is registered to the valid Facebook or Instagram account (as applicable) used to enter the Sweepstake.
13. WINNER INFORMATION: To receive a copy of the name of the Prize winner, print your name and address on a 3″x 5″ card and mail it in an envelope with proper postage affixed to: Grand Prize Winner Info, MarketingLab, Inc. 701 Washington Avenue North, Suite 500 Minneapolis, MN 55401. Winners List requests will only be accepted after the Sweepstake Period end date and requests must be received no later than September 30, 2017. Winner’s name will also be posted on the Sponsor’s Facebook and Instagram Pages for public viewing.
Any questions, comments or complaints regarding this Sweepstake must be directed to the Sponsor only, and not to Facebook or Instagram.
All trademarks used herein are the property of their respective owners.
© 2017 Lactalis American Group, Inc. All rights reserved.