OPEN ONLY TO RESIDENTS OF NORTH CAROLINA, SOUTH CAROLINA AND VIRGINIA, 18 YEARS OF AGE AND OLDER.
The Sweepstakes is no way sponsored, endorsed, administered by, or associated with or Instagram. Instagram is not affiliated with Mondelēz Global LLC (“Sponsor”) in any way.
1. TO ENTER: Beginning at 10:00 am ET on February 3, 2020 through 11:59 pm ET on February 28, 2020 (the “Sweepstakes Period”), entrants must take the following actions on Instagram to receive one (1) entry into the Sweepstakes.
Participation Requirements: To participate, you will need to have an Instagram account. Creating an account is free, but is subject to Instagram’s terms: (http://instagram.com/about/legal/terms/#). Standard message and data rates may apply. Your account settings must be set to "unprotected" and/or "public" in order for your posts to be viewable by Sponsor. Your account must be a personal account; it may not be a corporate or shared account.
Entry Requirements: Use your Instagram account to post your original photo of a recipe that you have created and prepared that features both OREOs (any variety) and a Lowes Foods Originals product. You must include the following in the caption of your photo: (1) the name of the OREO product you included in your recipe, (2) the name of the Lowes Foods product you included in your recipe, and (3) #OREOStufSweepstakes #LowesFoods. NOTE: Instagram Stories or posts where the hashtags are in comments, rather than the caption will not be deemed entries.
Content Restrictions of your Entry: Your post (herein “Entry”) must be your original photograph depicting your recipe. Your Entry must not, in the opinion of Sponsor: be indecent, obscene, hateful, tortious, defamatory, libelous; include any violence,dangerous stunts, alcoholic beverages or drugs; contain material that violates or infringes another’s rights; disparage Sponsor, Lowes Foods, or any other party; or contain material that is unlawful in any way. Your Entry must not contain brand names or trademarks other than those owned by Sponsor or Lowes Foods. Sponsor reserves the right to disqualify any Entry that it finds unlawful, in violation of these Official Rules, or offensive in any way and therefore not suitable for inclusion in the Sweepstakes, all in its sole discretion.
Limit: Each entrant may submit only one (1) Entry during the entire Sweepstakes Period.
Multiple entrants are not permitted to share the same Instagram Account. Use of any automated system to participate is prohibited and will result in disqualification. All Entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. Any attempt by any entrant to obtain more than the stated limit on number of Entries by using multiple/different Instagram Accounts, identities, or any other methods will void that entrant's Entries and that entrant may be disqualified. In the event of a dispute as to thte identity of an entrant, the authorized account holder of the Instagram Account used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder. Promotion Parties (as defined in Rule 2, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries or failure to receive Entries due to limitation of third-party social network platforms. All such Entries will be void.
2. ELIGIBILITY: This Sweepstakes is open to residents of North Carolina, South Carolina and Virginia who are at least eighteen (18) years old at the time of entry. Employees, officers and directors of Sponsor, Lowes Foods, LLC (“Lowes Foods” or “Administrator”), and their respective affiliates, subsidiaries and agencies (collectively “Promotion Parties”), and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not), of any of the above are not eligible to participate in the Sweepstakes.
3. Use of Entries: Posting an Entry constitutes entrant’s consent to give Sponsor and Administrator a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for commercial, promotional or marketing purposes. If requested, entrant must sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry. By entering, each entrant acknowledges and agrees that he/she will not receive compensation for his/her entry.
4. SWEEPSTAKES DRAWING: Administrator will select the potential Sweepstakes winner in a random drawing from among all eligible Entries received during the Sweepstakes Period. The drawing will be conducted on or around March 2, 2020. The potential winner will be notified by Administrator (@LowesFoods) after the date of the drawing and will be asked to provide his/her name, email address, home mailing address and the original photo posted on Instagram and the full recipe of the item featured in the winning entry within three (3) days of the date of notice in order to be deemed the winner. Winner will also be required to sign a publicity release. If the potential winner cannot be contacted or fails to provide any requested information within the required time period; the award notification is returned as undeliverable; or the potential winner does not comply with these Official Rules in any way, the potential winner will be disqualified and will forfeit the award. Odds of being selected as the winner will depend on the number of eligible Entries received during the Sweepstakes Period. In the event that the potential winner is disqualified for any reason, Sponsor will select an an alternate winner by random drawing from among all remaining eligible entries. If necessary, only three (3) alternate drawings will be held, after which Administrator will not make continued efforts to offer the award if it remains unclaimed.
5. AWARD: The winner’s recipe will be featured at two events in April, 2020 at the Lowes Foods Community Table in all participating Lowes Foods Stores and online at https://shop.lowesfoods.com/shop/recipes. This award has no monetary value.
6. GENERAL RULES: By entering this Sweepstakes entrants accept and agree to these Official Rules and the decisions of Sponsor and Administrator, which shall be final in all matters. By accepting the award, winner agrees to release and hold Promotion Parties, Instagram, their respective parent companies, subsidiaries, affiliates, directors, officers, employees and assigns, promotion agencies and agents harmless from and against any and all claims and liability arising out of participation in the Sweepstakes. If, in the opinion of Sponsor, there is any suspected evidence of tampering with any portion of the Sweepstakes that compromises the integrity of the Sweepstakes, the Sponsor and Administrator reserve the right to modify or terminate the Sweepstakes in a manner deemed reasonable in the Administrator’s sole discretion. If terminated before the stated end time/date of the Sweepstakes Period, winner will be selected by a random drawing from among all eligible Entries received as of the time/date of termination.
7. WAIVER, LIMITATIONS OF LIABILITY & DISPUTE RESOLUTION: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, all entrants agree that Sponsor, Administrator, Instagram and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by Instagram; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, disconnections in phone lines or network hardware or software, or unavailability/inaccessibility of Instagram; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance of the award. There will be no more than one winner selected. In event that production, technical, programming or any other reasons cause more than one winner to be notified, Sponsor reserves the right to only offer one award and will select the one winner by a random drawing among those individuals who were notified.
ALL ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (i) ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE AWARD (IF APPLICABLE), (ii) ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING, TO THE EXTENT ALLLOWED BY APPLICABLE LAW), DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, DAMAGE TO PERSONS (INCLUDING DEATH), OR TO PROPERTY ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES, OR (iii) ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWED BY APPLICABLE LAW EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE AWARD, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
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 as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.
9. PRIVACY POLICY: Information collected from winners is subject to Sponsor’s Privacy Policy (https://disclaimer.mondelezinternational.com/privacy_policy.html) and Administrator’s Privacy Policy (https://www.lowesfoods.com/Privacy-Policy).
10. WINNER INFORMATION: Consumers may visit any Lowes Foods Community Table during April,2020 to see the winner’s recipe. The winning recipe will also be featured in the recipe section of the Lowes Foods eCommmerce Site: https://shop.lowesfoods.com/shop/recipes.
SPONSOR: Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
ADMINISTRATOR: Lowes Foods, LLC, 1381 Old Mill Circle, Suite 200 Winston-Salem, NC 27103.
Any questions, comments or complaints regarding this promotion must be directed to the Sponsor or Administrator only, and NOT to Facebook or Instagram.
All trademarks used herein are the property of their respective owners.