- CONTEST ELIGIBILITY: The Chief Nutella Ambassador Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia, who are at least 18 years of age with a valid email account as of the date of entry (“Eligible Entrants”). Employees, agents, directors and officers of Ferrero U.S.A. Inc., (the “Sponsor”), Brandmovers, Inc. (“Administrator”), Sapient, MSLGROUP Americas, Inc., PHD Media LLC, Merkley+Partners, and any of their respective parents, affiliates, subsidiaries, representatives and sweepstakes fulfillment, advertising, marketing and promotion agencies (collectively the “Released Parties”), and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee are not eligible to participate or win. Subject to all federal, state, and local laws and regulations. Grand Prize Winner must be able to travel from January 3, 2016 – January 9, 2016 to accept Grand Prize and participate in World Nutella Day activities. Void where prohibited. Sponsor’s server will be the official timekeeper for the Promotion.
- VOTING ELIGIBILITY: In addition to those Eligible Entrants who may participate in the Contest, the Sponsor will permit eligible members of the worldwide public to vote during Round 3 to help Sponsor to determine the Grand Prize Winner from amongst five (5) Finalists (the “Public Vote” with the Eligible Voters casting “Votes”). For purposes of these Official Rules, the Contest and the Public Vote shall be collectively referred to herein as the “Promotion”. The Public Vote shall be open to legal residents from all countries throughout the world (with the exception of the Azerbaijan, Bahrain, Balkans, Belarus, Brazil, Burma (Myanmar), Central African Republic, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Egypt, Ethiopia, Gabon, Georgia, Iran, Iraq, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Mali, Mozambique, Nigeria, North Korea, Oman, Qatar, Quebec, Russia, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, United Arab Emirates, Uzbekistan, Venezuela, Yemen, Zambia, and Zimbabwe who are not eligible to participate) who are at least the age of majority in their country and/or region/state/municipality of residency as of the date of voting (the “Eligible Voters”). Employees, agents, directors and officers of each of the Released Parties, and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee are not eligible to participate in the Public Vote. The details on the Public Vote, including how to cast Votes, how many Votes can be made per Eligible Voter and when Votes should be cast, are set forth in Section 5 C. below. Votes generated by robotic, script, macro, automated, programmed or like voting methods will be disqualified. No one may offer to sell Votes (or offer to be paid, whether in currency, in kind or other form of compensation, for Votes). The use of automated or third party software or website to participate in the Public Vote is prohibited. Any attempt by any person to fraudulently circumvent the voting restrictions for the Public Vote in order to cast multiple Votes will result in disqualification of all such Votes received and may result in disqualification of the Finalist for whom the improper Votes were received if the Sponsor determines that that Finalist was involved in any way in the perpetration of such fraud. Sponsor in its sole discretion reserves the right to disqualify any Votes cast in violation of the above restrictions or those outlined in Section 5.C. below. Votes cast or obtained through a means prohibited in these rules may, in the Sponsor’s sole discretion, result in the disqualification of a Finalist. Sponsor is not responsible for Votes that are lost, late, deleted, garbled, corrupted, misdelivered, undelivered, misdirected or uncounted due to spelling errors in approved voting designated hashtags.
- HOW TO ENTER THE CONTEST: To enter the Contest, Eligible Entrants (each an “Entrant”) may visit the Contest website at www.nutelladay.com (the “Website”) beginning at 12:00:00 am Eastern Daylight Time (“EDT”) on September 21, 2015 through 11:59:59 pm EDT on October 11, 2015 (the “Submission Period”) and follow the on-screen directions to enter. Entrants will first be asked to select the personality from among the five (5) provided which best describes them: (1) the Friend; (2) the Artist; (3) the Adventurer; (4) the Gourmet or (5) the Purist (your “Personality” and collectively, the “Personalities”). While the selection of a Personality is required, it is not part of the Judging Criteria and will not affect the scoring during any Round of the Judging. Each Entrant will then be prompted to provide a short video of :60 seconds or less on how he/she would lead World Nutella Day based on the Personality he/she selected (the “Video”). Entrants will finally be required to provide their complete name, street address, city, state, zip code, date of birth, and email address (the “Entrant Information”). Videos must be no more than 20 MB in size and in one of the following file formats: .MOV, MPEG4, MP4, .AVI, .WMV, .MPEGPS, .FLV, 3GPP or WebM. No music may be included in your Video. If music is used in a submitted Video, it will be disqualified from the Contest. No one other than the Entrant may appear in the Video. If someone other than or in addition to Entrant does appear in the Video, it will be disqualified from the Contest. Additional Video Submission Guidelines & Requirements and the Judging Criteria, on which each Video will be judged, are set forth in this Section 3 and below in Section 5. You must submit the Video by uploading the Video to the Website, using the upload instructions provided on the Website. Once the Video is uploaded, Entrants will be asked to accept these Official Rules, the Website Terms and Conditions and Sponsor’s Privacy Policy (collectively referred to as the “Terms”) before being able to submit the Video and the Entrant Information. The Video, the Entrant Information and the acceptance of the Terms will be referred to collectively as the “Entry.” Normal Internet access and usage charges imposed by your online service provider will apply. Standard data rates may apply to Entries submitted via mobile device. Contact your mobile device data service provider for details. Limit one (1) Entry per person/email address. In the event there is a dispute as to the identity of an Entrant, the Entrant will be deemed to be the individual who is the “authorized email account holder” of the email address provided in the Entry. The “authorized email account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VIDEO SUBMISSION GUIDELINES & REQUIREMENTS:
- Must be the original creation of the Entrant;
- Must be in English;
- Entrant must appear in the Video for a minimum of three (3) seconds;
- Must be no more than 60 seconds long;
- Must be no more than 20 MB in size;
- Must be in one of the following file formats: .MOV, MPEG4, MP4, .AVI, .WMV, .MPEGPS, .FLV, 3GPP or WebM;
- Entrant is not required to include Nutella hazelnut spread itself or the packaging (such as the jar or the container for Nutella & GO!) in the Video; however, if Nutella is used in the Video, Entrant must use it in a respectful and non-indulgent manner and otherwise use it in a way that complies with all of the Video Submission Guidelines & Requirements set forth herein;
- Must not include any dangerous activity (as determined by Sponsor in Sponsor’s sole discretion);
- Must not have been previously published in any medium (including any social media site) or submitted in any other competition or contest;
- Must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright or trademark infringement or legal or moral rights of any third party, living or deceased, when used as provided for in these Official Rules;
- Must not disparage the Released Parties, another Entrant or any other person or party affiliated with the Promotion;
- Must not in any way contain (whether verbally or visually) any brand names, logos or trademarks (including those that might appear on clothing) other than those of Sponsor. If the video does show a third party brand name, logo or trademark, Sponsor reserves the right in its sole discretion to edit the image to ensure no such marks are visible;
- Must be the sole, exclusive and original work of the Entrant and must not contain videos, footage, artwork (including background artwork), photographs, quotes, literature or other materials not created by Entrant;
- Must not contain any music;
- Must not contain any person or people other than the Entrant;
- Must not contain, facilitate, reference or use material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, fraudulent, defamatory, slanderous or libelous;
- Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age;
- Must not contain, facilitate, reference or use material that contains prohibited content, which shall include, but not be limited to, content that promotes, suggests or encourages (i) use of firearms/weapons/ammunition; any illegal drugs; prostitution, pornography, nudity, profanity or other adult content; violence; or the use of alcohol, tobacco products or e-cigarette products; (ii) taking up arms against any person, government or entity (or otherwise challenges or seeks to overthrow any government) or any particular political agenda or message;
- Must not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way;
- Must not contain personally identifiable information, such as Entrant’s or a third party’s full name, address, email address or phone number; and
- Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Entry is created.
Sponsor/Administrator reserve the right in their sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Promotion, World Nutella Day, any other person or entity, or does not comply with these Video Submission Guidelines & Requirements or these Official Rules. Entrants agree to indemnify and hold harmless, Sponsor/Administrator from any claims arising out of such Entrant’s failure to comply with the above Video Submission Guidelines & Requirements. Submissions must be suitable for presentation in a public forum, as determined in the sole discretion of Administrator and/or Sponsor, since the Videos from Entries may be posted on the Website as part of a Video gallery (the “Gallery”). VIDEOS/ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Sponsor shall have no obligation to post a Video to the Gallery. Not all Videos will be posted to the Gallery, and those posted may be removed by Sponsor at any time, for any reason. In the event that a Video is not posted to the Gallery because it violates the terms of these Official Rules or the Video Submission Guidelines & Requirements, the Entry associated with that Video will be disqualified. Sponsor reserves the right to waive any Video Submission Guidelines & Requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligations to Entrants. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Submission Period, to request that any Entrant resubmit his or her Entry which fails to comply with the Video Submission Requirements prior to any judging or the start of the Campaign Period. Entries generated by script, macro or other automated means or with the intent to subvert the entry process will be void.
By submitting an Entry, each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) agrees that his/her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise use the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant. Each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) acknowledges that, by acceptance of his/her submission, 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 the Entrant.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it: http://www.ferrerousa.com/fc-931/.
- T-SHIRT GIVEAWAY:Each Eligible Entrant who submits an Entry that meets the above Video Submission Guidelines & Requirements will receive one (1) World Nutella Day-branded t-shirt (the “T-Shirts”), while supplies last. Approximate Retail Value (“ARV”): $25.00 each. The size of all T-Shirts will be ‘Adult Large.’ Entrants will not be able to select the size of the T-Shirts or request a substitution in the event that the T-Shirt does not fit. T-Shirts will be shipped to the address provided in the Entrant Information (which address must be within the 50 United States or the District of Columbia) within four to six weeks of Entry verification. Limit one (1) T-Shirt per person/email address/household.
- JUDGING CRITERIA/PERIODS; PUBLIC VOTING:
- Round 1 – Selection of Semi-Finalist Entries: From October 12, 2015 through October 16, 2015, all Entries received during the Submission Period will be judged by a Sponsor-designated panel of experts (the “Judges”) and awarded points up to the maximum as listed in these Official Rules, to select the top twenty (20) highest scoring Entries to be deemed semi-finalist Entries (the “Semi-Finalist Entries”). Judging shall be based on the following criteria (a) Originality & Creativity: Do you express your love for Nutella in a unique and imaginative way that will inspire fans to try new things this World Nutella Day? - (30 %), up to 30 points; (b) Fit with the Nutella brand: Do you embody the qualities of the Nutella brand: optimism, spirit, community-oriented and authenticity? - (30%) up to 30 points; (c) Passion: Do you convey great enthusiasm for Nutella and World Nutella Day? Do you have a contagious passion that will generate enthusiasm from other fans? - (25%) up to 25 points; and (d) Clarity: Are you able to clearly communicate your overall message (in English) and demonstrate an ability to be the spokesperson for World Nutella Day? - (15%) up to 15 points (the “Judging Criteria”). In the event that there are less than twenty (20) Entries, as determined in Sponsor’s sole discretion, Sponsor reserves the right to select less than twenty (20) Semi-Finalists. No information regarding Entries or judging, other than as otherwise set forth in these Official Rules, will be disclosed and Judges’ decisions are final. In the event of a tie, such tied Entries will be broken in favor of the highest point score for Originality & Creativity, and if necessary, then in favor of the highest point score for Fit with the Nutella brand, and if necessary, then in favor of the highest point score for Passion and if necessary, then in favor of the highest point score for Clarity. The number of Friends, Likes, Followers, or other social media connections, whether established before or during the Submission Period, shall have no bearing on the decision of the Judges.
- Round 2 – Selection of Finalist Entries: From October 19, 2015 through October 26, 2015, the Semi-Finalist Entries shall be judged by Sponsor and awarded points up to the maximum as listed in these Official Rules, to select the top five (5) highest scoring Semi-Finalist Entries to be deemed finalist Entries (the “Finalist Entries” and each owner of such Entry shall be a “Finalist”). The judging of the Finalist Entries shall be based on the following criteria (a) Originality & Creativity: Do you express your love for Nutella in a unique and imaginative way that will inspire fans to try new things this World Nutella Day? - (30 %), up to 30 points; (b) Fit with the Nutella brand: Do you embody the qualities of the Nutella brand: optimism, spirit, community-oriented and authenticity? - (30%) up to 30 points; (c) Passion: Do you convey great enthusiasm for Nutella and World Nutella Day? Do you have a contagious passion that will generate enthusiasm from other fans? - (25%) up to 25 points; and (d) Clarity: Are you able to clearly communicate your overall message (in English) and demonstrate an ability to be the spokesperson for World Nutella Day? - (15%) up to 15 points (the “Sponsor’s Judging Criteria”). In the event that there are less than twenty (20) Semi-Finalists to choose from, Sponsor reserves the right to select less than five (5) Finalists, at Sponsor’s sole discretion. No information regarding the Semi-Finalist Entries or judging, other than as otherwise set forth in these Official Rules, will be disclosed and Sponsor’s decisions are final. In the event of a tie, such tied Semi-Finalist Entries will be broken in favor of the highest point score for Originality & Creativity, and if necessary, then in favor of the highest point score for Fit with the Nutella brand, and if necessary, then in favor of the highest point score for Passion and if necessary, then in favor of the highest point score for Clarity. The number of Friends, Likes, Followers, or other social media connections, whether established before or during the Submission Period, shall have no bearing on the decision of the Sponsor. Finalists will be announced on the Website on November 16, 2015 at or before 9:00:00 am EST.
- Round 3 - Public Voting and Sponsor Judging to Determine Grand Prize Winner: Beginning at 9:00:00 am EST on November 16, 2015 and ending at 5:00:00 pm EST on November 29, 2015 (the “Campaign Period”), the Finalists and the Finalist Entries will be posted on the Website for the Eligible Voters to Vote for the Finalist whose Entry and Social Media Campaign (as described more fully in Section 7 below), provided the most inspiration, creativity and fan spirit and which would best represent the fans as their spokesperson on World Nutella Day. To participate in the Public Vote, all Eligible Voters may visit the Website during the Campaign Period to cast their votes by clicking the “VOTE” button associated with the Entrant they wish to vote for. Eligible Voters may also cast their votes by sending a Tweet with the hashtag displayed next to the Entrant for whom they wish to vote on the Website. Limit five (5) Votes via the Website per person/per IP address/per day and one (1) Vote via Twitter per person/Twitter handle per day. The results of the Public Vote (as tabulated at the end of the Campaign Period) shall comprise 20% (up to 20 points) of the total calculation towards determining the Grand Prize Winner. The Finalist with the most Votes shall receive the most number of points for this judging criterion and the Finalist with the least Votes shall receive the least number of points for this judging criterion. No offer to pay for Votes or provide any other compensation or consideration for Votes is permissible. Finalists who, in the sole discretion of Judges/Sponsor, attempt in any fashion to “buy” Votes will be disqualified. Other uses of social media, blogs, texts, Tweets, websites, etc. to drive Eligible Voters to cast Votes on the Website, for example through postings, notices or encouraging messages, are permissible, so long as the Campaign Guidelines set forth in Section 7 (and such other guidelines as Sponsor may provide, in its discretion) are followed.
From November 30, 2015 through December 4, 2015, the Finalists, the Finalist Entries, and the Finalists’ Social Media Campaigns (as defined and described in more detail below in Section 7) will be judged by the Judges and Sponsor, to determine the remaining 80% (up to 80 points] of the calculation towards determining the Winner. The criteria to be used by the Judges and Sponsor to judge each Finalist shall be (a) Social Media Campaigning Participation: Did the Finalist participate in campaigning via social media? Was the Finalist’s Social Media Campaign consistent with the personality and messaging set out in his/her Video? - (20%) up to 20 points; (b) Social Media Campaigning Originality & Creativity: Did the Finalist’s Social Media Campaign express love for Nutella in a unique and imaginative way that will inspire fans to vote for Finalist? - (20%) up to 20 points; (c) Social Media Campaigning fit with the Nutella brand & World Nutella Day: Did the Finalist’s Social Media Campaign indicative of a personality and familiarity that is befitting of the Nutella brand and World Nutella Day - (20%) up to 20 points; (d) Social Media Campaigning Passion: Did the Finalist’s Social Media Campaign convey great enthusiasm for encouraging fans to vote for Finalist and support World Nutella Day - (20%) up to 20 points (collectively, the “Finalist Judging Criteria”).The Judges/Sponsor shall have the right, in their sole discretion, to eliminate a Finalist at any time during the Campaign Period or at any time up until the Grand Prize Winner announcement if (i) the Finalist for any reason is deemed not consistent with Sponsor’s reputation in the marketplace, including its reputation for quality and integrity, (ii) the Finalist or his/her posts/tweets do not reflect the goals of the Contest, (iii) the language or other content of the Finalist’s posts/tweets are not suitable for all ages or (iv) any of the reasons permitting disqualification, as set out in Section 6 (a) - (d) below, arises. The Finalist/Finalist Entry with the highest combined score (20% x points from the Votes captured during the Campaign Period and 80% x points from the final Judge/Sponsor judging) shall be deemed the Grand Prize Winner. In the unlikely event of a tie, tied Finalists/Finalist Entries will be re-judged by three (3) new Judges designated by Sponsor to receive new scores based on the above Finalist Judging Criteria. The number of Friends, Likes, Followers, or other social media connections, whether established before or during the Campaign Period, shall have no bearing on the decision of the Judges/Sponsor.
- NOTIFICATION OF POTENTIAL FINALISTS; CONDITIONS TO BE A FINALIST: The five (5) individuals selected during Round 2, as outlined under Section 5.B. shall be declared the potential Finalists, subject to verification of age, identity and eligibility. The potential Finalists shall be notified by email to the email address that was provided as part of the Entrant Information on or about October 27, 2015. If a potential Finalist does not respond within the time period specified in such email notification from Sponsor, Sponsor will make one (1) additional attempt to contact the potential Finalist by email at the email address that was provided as part of the Entrant Information. If the potential Finalist does not respond within twenty-four (24) hours from the time the call was made/message was left, the potential Finalist will be disqualified and the Entry with the next highest score in Round 2 of the judging, as outlined under Section 5.B., shall be chosen as the potential Finalist. Each potential Finalist will be required to provide proof, to Sponsor’s satisfaction, of his/her eligibility, including without limitation, proof of age, residence and identity as well as a high-resolution photograph of her/himself. Potential Finalists (or their parents/legal guardians for Finalists who are deemed minors in the state of their residence) will be asked to complete, sign and return within five (5) days an Affidavit of Eligibility; a Release of Liability; an Assignment of Rights; a Publicity Release; a written agreement (as outlined in Sections 11 and 12 below; written permission for Sponsor to conduct a background check (as discussed in more detail in the paragraph below) and any other similar documentation considered reasonably necessary given the nature of the Promotion in Sponsor’s sole discretion (collectively, the “Documentation”). Failure to complete the Documentation as required may result in potential Finalist’s disqualification, at Sponsor’s sole discretion, and selection of an alternate potential Finalist based on the next highest score in Round 2.
Each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence), once notified of being a potential Finalist, hereby authorizes Sponsor and its designated agents and representatives to conduct a comprehensive review of potential Finalist’s background (the “Background Check”). Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) understands that he/she will be asked to provide a social security number or similar identification number, addresses or residences from the last seven (7) years, date of birth, prior names (e.g. maiden name) and any other information necessary for Sponsor to conduct a Background Check. The scope of the Background Check may include, without limitation, civil and criminal history records from any criminal justice agency in any or all federal and state records, sex offender registry check, and terrorist watch list check. By entering, Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) agrees to provide all personal information needed and sign a release or authorization form as part of the Documentation in order to permit Sponsor to conduct the Background Check. Sponsor and its designated agents and representatives shall maintain all information received from this release and authorization form in a confidential manner in order to protect Entrant’s personal information.
Finalists must be available to participate in the Social Media Campaign (as described more fully in Section 7) for the fourteen (14) days beginning 9:00:00 am EST on November 16, 2015 and ending at 5:00:00 pm EST on November 29, 2015 or on other dates as determined by Sponsor in its sole discretion. While the Social Media Campaign will not take place 24 hours a day during each of the 14 days, the activities undertaken by the Finalists during this period may require Finalist’s time both on and off social media.
In addition, Sponsor reserves the right, in its sole discretion, to disqualify a potential Finalist for any of the following reasons: (a) non-compliance with these Official Rules; (b) in the event that the Finalist notification is returned as undeliverable; (c) Background Check or other information indicating a history, characteristic or quality considered by Sponsor to be unacceptable in a Finalist or Winner in this Contest; (d) information showing that the Entry was defective or failed to comply with these Official Rules.
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Finalist’s Social Media Campaign:
During the Campaign Period, each Finalist will be asked to campaign (“Social Media Campaign(s)”) to obtain Votes and to meet the above Finalist Judging Criteria using their personal social media accounts on Facebook, Instagram and Twitter (collectively, “Accounts”).
All Finalists will receive a toolkit for use in their Social Media Campaign that consists of physical and digital assets, including but not limited to: Nutella products, t-shirts, buttons, etc. and digital graphics to be used in social content (the “Toolkit”). The Toolkits will be delivered to Finalists upon verification of eligibility to proceed as a Finalist.
Finalists may use materials in the Toolkit in social media posts to inform fans about World Nutella Day, create the best Social Media Campaign under the above Finalist Judging Criteria, and encourage voting. Under no circumstances shall Finalists have any right to modify, change or alter the digital assets without Sponsor approval; all digital assets must be used in the form and media as originally provided by Sponsor. Finalists shall not use the materials in the Toolkit in a manner which would negatively reflect Nutella or that encourages other consumers to use or refer to Nutella in a way that does not promote the shareable and family-friendly nature of Nutella. Finalists shall encourage the public to Vote for them via the Website and/or the use of their assigned “Vote” hashtag on Twitter.
Any content that is posted or otherwise created by the Finalists in connection with their Social Media Campaign (the “Content”) must contain the hashtag #NutellaAMBContest (in addition to including Finalist’s assigned “vote” hashtag if the Content relates to Finalist’s encouragement for the public to vote). The hashtag #NutellaAMBContest is required to make each Finalist’s material connection to the Sponsor clear to readers. This material connection should be disclosed regardless of space limitations of the social media platform, and it should be prominent enough for consumers to view it easily when they are reading posts.
Any Content to be judged by Sponsor must be public so that it can be viewed by Sponsor and others.
Campaign Guidelines: By participating as a Finalist, each Finalist warrants and represents that his/her Content conforms to the Guidelines (the “Campaign Guidelines”) set forth herein.
- Content must contain the hashtag #NutellaAMBContest and may not in any way mislead others as to your connection to Sponsor and/or status as a Finalist;
- Content must only be posted during the Campaign Period. The Sponsor's computer is the official timekeeping device for this Contest;
- Content may not involve the transmission of "junk mail,” "chain letters," or unsolicited mass mailing or "spamming";
- Content may not convey a negative message about any other Social Media Campaign or Finalist, Sponsor, Sponsor’s products, or other people, products or companies or contain messaging inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate, as determined by Sponsor in its sole discretion. Be especially careful about making any factual statement about Sponsor’s competitors or their products and programs, as Sponsor does not support any false or misleading statement or comparison;
- Content must be accurate, must represent Finalist’s truthful and honest opinion and cannot contain false or deceptive claims about Sponsor or Nutella. If your statement is not your opinion, but rather something Sponsor has asked you to say, this fact must be made clear to readers (e.g. “and now a message provided to me by the Sponsor, Ferrero”). Only make factual statements about Sponsor’s products or their characteristics or qualities that you know for certain are true and can be verified;
- Content must not infringe on any third party’s trademark, copyright, or other intellectual property right, as determined by Sponsor in its sole discretion;
- Content must be suitable for family audiences, in the sole determination of Sponsor. Without limitation, Content shall not contain any messaging that is or contains: unlawful behavior, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically offensive or otherwise or objectionable;
- Content must not contain obscene or pornographic material; cannot be sexually explicit or suggestive, profane or pornographic, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content must not contain any messaging that encourages overconsumption of Nutella, inappropriate ways in which to consume Nutella or pairing of Nutella with products that are indulgent;
- Content must be the original work of the Finalist or be from the Toolkit; and may not have been published previously.
- Content cannot be offensive or endorse any form of hate or hate group
- Content must not invade privacy or other rights of any person, firm or entity;
- Content may not in any other way violate any applicable federal, or state or local laws or regulations.
Sponsor reserves the right to ask Finalists to remove Content. Finalists agree to remove any Content that Sponsor requests to be taken down within twenty-four (24) hours of Sponsor’s request. Even if Sponsor does not notify Finalists, Sponsor expects that Finalists will promptly remove any Content for which a legitimate complaint is received or which Finalist later becomes aware may be in violation of the law or otherwise violate third party rights.
By submitting or posting Content, each Finalist warrants and represents that: (a) the Content is wholly original to Finalist, and Finalist’s use and Sponsor’s use of the Content does not and will not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, nor has any claim of such infringement or violation been asserted against Finalist in connection with the Content; (b) Finalist has obtained permission from any person whose name, likeness or voice is used in the Content; (c) the Content has not been previously published, assigned to, or pledged to any other third party or otherwise encumbered; and (d) Finalist’s Social Media Campaign will comply with these Guidelines, any applicable laws, rules, and regulations, and the Terms of any social media platform Finalist uses in connection with their Social Media Campaign. Finalist agrees to indemnify and hold harmless the Released Parties from any claims to the contrary.
By participating in the Social Media Campaign, each Finalist acknowledges that Sponsor has no obligation to use or post any Content. Sponsor, in its sole discretion, shall have the right to disqualify Finalist from the Contest if Content does not meet these Campaign Guidelines or Finalist otherwise displays inappropriate behavior during the course of the Social Media Campaign. Sponsor makes the final determination as to what Content is eligible and/or what Finalist behavior is appropriate for the Social Media Campaign.
BY POSTING CONTENT, FINALIST ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. By posting Content, Finalist agrees that the Content provided is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation. Finalist acknowledges that, by acceptance of Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from other sources.
By participating in the Social Media Campaign, Finalist agrees to indemnify Sponsor and Released Parties from any liability which arises out of the foregoing.
- Winner Notification and Announcement: Potential Grand Prize winner as determined in Round 3 of judging will be notified by e-mail on or about December 7, 2015. Before the potential Grand Prize winner is announced and the Grand Prize awarded, the potential Grand Prize winner may be required to undergo an additional or further background check (in addition to the Background Check required under Section 6) or verification of identity and eligibility, or Sponsor may declare prize forfeited and another potential Grand Prize winner may be chosen based on the criteria set forth in 5.C. The verified Grand Prize winner is referred to herein as the “Grand Prize Winner.” The Grand Prize Winner will be announced on the Website, www.Nutella.com, facebook.com/WorldNutellaDay, twitter.com/worldnutelladay, facebook.com/nutellausa, facebook.com/nutella, twitter.com/nutellausa, on or about January 11, 2016.
- PRIZES (5):
One (1) Grand Prize: Grand Prize Winner will be named the Chief Nutella Ambassador of 2016 and will serve as the celebrated face representing Nutella fans around the world by participating in Sponsor designated activities in preparation for and to celebrate World Nutella Day on February 5, 2016 (the “Ambassador Role”). Grand Prize Winner will also receive a “once-in-a-lifetime New York City Experience” (the “Experience”) for two (2) (Grand Prize Winner and guest) which consists of: round-trip coach class air transportation for two (2) from an airport near Grand Prize Winner’s primary residence (as determined by Sponsor in its sole discretion) and ground transportation to and from airport/hotel/all events during stay; seven (7) days/six (6) nights hotel accommodations (single, standard room/double occupancy) at a hotel in New York City (to be determined in Sponsor’s sole discretion); participation by Grand Prize Winner in Sponsor designated activities as Ambassador Role requires; dinner for two (2) at Sponsor-specified fine dining establishment; cooking demonstration; shopping experience; Italian lunch food tour for two (2); Broadway play VIP experience with dinner for two (2); breakfast for two (2) at Sponsor-specified fine dining establishment; private Nutella bar VIP experience for two (2) as selected by Sponsor; chef’s table experience for two (2) at Sponsor-selected restaurant; two (2) tickets to a Sponsor-selected sporting event; a package of Nutella merchandise, as determined by Sponsor; and a one (1) year supply of Nutella® hazelnut spread awarded in the form of five (5) cases of twelve (12) 13 oz. jars. TOTAL ARV: $20,857.40. Grand Prize Winner must be able to travel from January 3, 2016 to January 9, 2016 to participate in World Nutella Day activities. All travel must be taken on dates specified, or Grand Prize will be forfeited and may be awarded to an alternate Winner; no alternative travel dates are available.
CHIEF NUTELLA AMBASSADOR IS NOT A REAL JOB. IT IS A PRIZE IN THE CONTEST. ANY USE OF LANGUAGE THAT IMPLIES A REAL JOB IS SOLELY FOR ENTERTAINMENT PURPOSES. GRAND PRIZE WINNER IS NOT BECOMING AN EMPLOYEE OF SPONSOR AND IS NOT ENTITLED TO ANY SPONSOR BENEFITS. The Grand Prize shall not be deemed to create any employer-employee, partnership, or other agency relationship between Grand Prize Winner and Sponsor or any other party, and Grand Prize Winner will have no right to participate in any of Sponsor’s employee benefits, including, but not limited to, retirement, health insurance, disability, profit-sharing, workers compensation and/or unemployment insurance as a result of and acceptance of the Grand Prize.
Actual value of trip may vary based on point of departure. Any difference between stated value and actual value will not be awarded. If Grand Prize Winner resides within a one hundred (100)-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Grand Prize Winner must be able to travel on dates specified by Sponsor, or the Grand Prize will be forfeited and no substitute Grand Prize or additional compensation will be awarded. Grand Prize consists only of the elements expressly set forth in these Official Rules. Grand Prize Winner is solely responsible for any costs and expenses in connection with the Grand Prize not expressly described herein as being awarded including, without limitation, any additional costs and expenses associated with the acceptance and use of the Grand Prize that are not described herein as being awarded (including, but not limited to, transportation, travel or other insurance, baggage fees, meals, room service charges, any additional costs charged to the hotel room, souvenirs, personal charges, tips, gratuities, entertainment, transfers, and other incidental expenses). Grand Prize Winner and guest must travel together on the same itinerary and are responsible for obtaining any/all necessary documents (including but not limited to a valid photo I.D.) prior to departure. If Grand Prize Winner is the age of majority in the state of his/her residence, but under twenty-one (21) years of age as of date of trip departure, he/she must be accompanied by an adult of at least twenty-one (21) years of age as of date of trip departure in order to check into the hotel. If the Grand Prize Winner is under the age of majority in the state of his/her residence, his/her parent/legal guardian must accompany him/her on the trip and be counted as the guest. All guest(s) must be of legal age of majority in his/her jurisdiction of residence (and at least 18 years of age (or 19 for residents of AL and NE) as of date of trip departure), unless a child or legal ward of Grand Prize Winner. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Grand Prize Winner and guest must sign a liability/publicity release prior to issuance of travel documents. If any guest is a child or legal ward of Grand Prize Winner, such Grand Prize Winner must sign and return release on behalf of child or legal ward. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Reservations are subject to availability. Grand Prize Winner (or his/her parent/legal guardian if Grand Prize Winner is a minor in the state of his/her residence) will be required to provide a major credit card at time of hotel check-in to cover hotel incidentals. Travel dates are subject to Sponsor approval. Airline tickets are non-refundable, non-transferable, are not valid for upgrades, or use with frequent flier miles or points, and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. No travel extensions will be permitted. Travel may not be combined with any other offer and may not qualify for frequent flier miles or hotel points. Travel, hotel, carrier and other arrangements to be determined by Sponsor in its sole discretion. All travel arrangements must be made through Sponsor’s agent, and air carriers, hotels and activity/service providers will be selected by Sponsor in its sole discretion. Released Parties are not responsible for lost, stolen or mutilated travel documents or tickets including, without limitation, airline and/or excursion/activity tickets and/or Event (as defined below) tickets and/or a lost or stolen gift card and none will be replaced. Any excursions/activities are subject to availability, and may be modified or eliminated at Sponsor’s sole discretion. All excursions/activities are subject to certain terms and conditions as specified by issuer. Unused excursions/activities will be forfeited. All travel will be at the risk of the Grand Prize Winner and guest. Released Parties shall have no responsibility or liability for cancellations, overbookings, delays, or any other changes by any company or person providing any element of Grand Prize and are not responsible or liable for any expenses incurred as a consequence thereof. If Grand Prize Winner is not a minor in the state of his/her residence or under twenty-one (21) and elects to partake in any or all portions of his/her trip without a guest, such trip will be awarded to the Grand Prize Winner and any remainder of the trip will be forfeited and shall not be subject to further or alternative compensation. Released Parties are not responsible for flight delays and/or cancellations resulting in a Grand Prize Winner and his/her guest not being able to use or reschedule hotel or other reservations/accommodations and/or an excursion/activity and/or tickets for Events (as defined below), and no substitution or compensation will be awarded. Subject to terms and conditions of the respective air carriers, hotels, restaurants and activity/service providers with which Grand Prize Winner has a reservation.
The Grand Prize Winner will receive two (2) tickets to a sporting event and two tickets to a Broadway play each scheduled to take place in New York City during the week of January 3, 2016 – January 9, 2016 (collectively the “Events” or each individually as an “Event”). Tickets to a particular Event are not guaranteed. Tickets are subject to availability, venue capacity, age restrictions and price. Seating is determined by Sponsor, in its sole discretion. Event tickets must be purchased by Sponsor’s agent. The Released Parties are not responsible if Grand Prize Winner does not use tickets on day of Event, Released Parties are not responsible if the Event is delayed, postponed and/or cancelled for any reason resulting in the Grand Prize Winner and/or guest not being able to attend the ticketed Event. Grand Prize Winner will not be reimbursed for tickets. Tickets may be subject to issuer’s standard rain-check policies and procedures. Grand Prize Winner and guest are subject to all venue policies and the terms and conditions imposed by the Event organizer and venue; which, by accepting Grand Prize, Grand Prize Winner and guest agree to abide by.
Four (4) Runner Up Prizes (one (1) per Finalist [excluding Grand Prize Winner]): One year supply of Nutella® hazelnut spread awarded in the form of 5 cases of twelve (12) 13 oz. jars (ARV: $257.40 each; Total ARV: $1,029.60).
If there is noncompliance with these Official Rules by any Finalist, if Runner Up Prize notification or attempted notification is returned as undeliverable, if a Runner Up Prize winner is deemed ineligible for any reason, or a Runner Up Prize winner declines Runner Up Prize offered, Runner Up Prize will be forfeited and not awarded.
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Conditions Applicable to All Prizes; Claiming Prizes:
Grand Prize Winner and Runner Up Prize winners are referred to herein as “Winners.” Prizes won by an Entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. No prize transfer or cash redemption by any prize allowed. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Any stated difference between the approximate retail value and actual value of prize or any substituted prize will not be awarded. Any portion of prize not used by a Winner is forfeit and no cash substitute will be offered or permitted. Winners are solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, all federal, state, or local taxes (if any) on prizes and any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded. Grand Prize Winner will be required to provide Sponsor with a valid social security number or tax identification number before the Grand Prize will be awarded for tax reporting purposes. Grand Prize Winner will be issued an IRS 1099 form for the value of the Grand Prize. All prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. In no event will more than the stated number of prizes be awarded. In the event that there are fewer than five (5) Finalists, Sponsor shall have the right to award fewer Runner-Up prizes than stated in Section 9 above. Any unawarded, unclaimed or voided prizes will not be awarded. Sponsor is not responsible for any change of email address and/or mailing address of Entrants. Runner Up Prizes will be shipped to the address provided by each Finalist within six to eight weeks of Winner selection and verification.
- Finalist Agreement: As a condition of prize award, each potential Finalist (or Finalist’s parent/legal guardian if Finalist is deemed a minor in the state of his/her residence) will be required to enter into a written agreement with Sponsor (the “Finalist Agreement”). The Finalist Agreement will set forth Finalist(s) responsibilities and obligations in connection with the Social Media Campaign (as defined above in Section 7). Finalist(s) and Sponsor shall be viewed as independent contracting parties, and nothing contained in the Finalist Agreement shall be deemed to create an employer-employee, partnership or joint venture. Any services or materials provided by Finalist(s) to Sponsor pursuant to the Finalist Agreement shall not create any employer-employee, partnership, or other agency relationship between Finalist(s) and Sponsor or any other party, and Finalist(s) will have no right to participate in any of Sponsor’s employee benefits, including, but not limited to, retirement, health insurance, disability, profit-sharing, workers compensation and/or unemployment insurance as a result of Finalist(s) performance pursuant to the Finalist Agreement. The Finalist Agreement will require, among other things and without further compensation, (i) that Sponsor has the right but not the obligation to require Finalist(s) to make one or more personal appearances at a time and location selected by Sponsor for an event and/or any other public relations activity, (ii) that Finalist(s) fulfill their obligations during the Campaign Period in furtherance of the Contest (including without limitation, postings about the Contest and World Nutella Day and as otherwise indicated by Sponsor in its sole discretion) and in doing so, comply with the terms of these Official Rules and the Campaign Guidelines to be provided to Finalist(s); (iii) that Finalist(s) permit the use of their names, likenesses, social media user names and other identifying information for promotional, publicity or advertising purposes in any media including print, television, online media and social media, without time or geographic limitations, and (iv) that Finalist(s) grant Sponsor the rights outlined in Section 13, including without limitation the right to use any postings about the Contest and World Nutella Day and other materials created out of the Finalist(s) campaigning efforts in any manner and media in Sponsor’s sole discretion. Sponsor shall have the right, in its sole discretion, to review in advance, anything that Finalist(s) intend to post or otherwise make available to the public in connection with the Contest. Notwithstanding any of the above, Sponsor’s sole obligation under the Finalist Agreement is to award the prizes (as described in Sections 9 and 10 above), and Sponsor has no obligation to make use of postings, appearances, Finalist(s) created materials or any other Finalist(s) services.
- Grand Prize Agreement: As a condition of the Grand Prize award, the potential Grand Prize Winner (or Grand Prize Winner’s parent/legal guardian if Grand Prize Winner is deemed a minor in the state of his/her residence) may be required to complete, sign, and return as instructed a notarized Affidavit of Eligibility; a notarized Release of Liability which among other things, releases Released Parties, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of a Prize or any portion thereof; and to negotiate and execute a Service and Work-For-Hire Agreement, service contract or similar agreement with Sponsor (an “Agreement”). Such Agreement will set forth the terms of the relationship between the Grand Prize Winner and Sponsor, including, obligations of the parties, ownership and assignment of any materials created by Grand Prize Winner, termination provisions, and other customary terms and conditions. Grand Prize Winner shall be viewed as an independent contractor and nothing contained in the Agreement shall be deemed to create a partnership, joint venture or employment relationship. The Agreement is expected to require the Grand Prize Winner to be available as required by Sponsor during the dates and times set forth in the Agreement. In the event of a dispute between these Official Rules and the Agreement, the Agreement will control. Sponsor shall have no obligation to use the Grand Prize Winner’s Entry, Content, services, materials or posts created by Grand Prize Winner or his/her name or likeness in any manner whatsoever. In the event an Agreement cannot be reached and/or other required Documentation are not returned by a date reasonably specified by Sponsor, the designated Grand Prize Winner will forfeit the Grand Prize and an alternate potential Grand Prize Winner will be selected from among the remaining Finalists. Notwithstanding any of the above, Sponsor’s sole obligation to the Grand Prize Winner is to award the Experience, and Sponsor has no obligation to enter into an Agreement with Grand Prize Winner or make use of Grand Prize Winner’s Entry, Content, services, posts, materials, name or likeness or to provide opportunities for appearances.
- Assignment of Rights: By submitting an Entry, Entrants (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) grant to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry (including, without limitation, the Video) in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without further compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of Entry with or without first and last name credit to the Entrant; and Entries that attempt to restrict this right will not be considered. Additionally, in exchange for selection as a Finalist, all Finalists (or Finalist’s parent/legal guardian if Finalist is deemed a minor in the state of his/her residence) agree that Sponsor will be the sole and exclusive owner of all rights, title and interest in all ideas, concepts, expressions, information, material and works of authorship prepared in connection with the performance of Finalists’ responsibilities in the Promotion, including without limitation their Entries and Content, whether conceived or made by Finalists alone or in conjunction with or at the direction of Sponsor, each as a “Work Made For Hire” under the Copyright laws of the United States, but if such works of authorship cannot be so deemed, then the Finalists (or Finalist’s parent/legal guardian if Finalist is deemed a minor in the state of his/her residence) hereby irrevocably assign and transfer to Sponsor, its successors and assigns, any and all rights, title and interest that Finalists may have in any of the materials prepared in connection with Finalists’ responsibilities in the Promotion, including, but not limited to, copyrights, trade secrets, patents, trademarks and other intellectual property rights, whether now known or hereafter to become known, in the United States and worldwide for the respective maximum terms of protection available throughout the world for consideration, the receipt and sufficient of which is hereby acknowledged. Each Finalist (or Finalist’s parent/legal guardian if Finalist is deemed a minor in the state of his/her residence) hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist may now or later have to their Entry and Content. Finalists and Grand Prize Winner (or his/her parent/legal guardian if he/she is deemed a minor in the state of his/her residence) shall execute at Sponsor’s request such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from a Finalist that the Finalist secure from any photographer/videographer an irrevocable assignment and transfer to Sponsor of all of any photographer/videographer’s right, title and interest in and to the Finalist’s Entry and/or Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The photographer/videographer may be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the photographer/videographer may now or later have in the Entry and/or Content. Should Sponsor fail to request the said photographer/videographer assignment as stated herein, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s). By submitting an Entry, Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) explicitly acknowledges that his/her Video, first name, last initial, city, and state can and may be posted on the Website, www.facebook.com/nutella, www.facebook.com/nutelladay, www.twitter.com/nutella, www.facebook.com/nutellausa, www. twitter.com/nutellausa, www.nutelladay.com and the websites of Sponsor’s affiliates for worldwide viewing.
- Limitation of Liability: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant's participation in or attempt to participate in the Contest, ability or inability to upload or download any information in connection with the Contest or any Eligible Voter’s participation in the Promotion. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of the Website in whole or in part for any reason; (h) traffic congestion on the Internet or the Website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry or Judging procedure, whether caused by the Entrant, Eligible Voter, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries or Votes, the judging of Entries, the announcement of the prizes or any Promotion-related materials. Use of Website is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, Eligible Voter’s or any other person's computer, mobile phone or video equipment resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of the Contest or the tally of Votes.
- General Terms: By entering, each Entrant (or parent/legal guardian if Entrant is a minor in his/her state of residence) agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, voice, city and state of residence, Videos and photographs and/or likeness for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without further compensation, permission or notification to Entrant or any third parties, except where prohibited by law; (b) to release the Released Parties and Facebook, Inc., Twitter and Instagram from all liability and to indemnify, defend and hold harmless the Released Parties and Facebook, Inc., Twitter and Instagram from and against any claim, action, liability, loss, injury or damage to Entrant or any other person (including, without limitation, guest of Grand Prize Winner) or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant or any other person (including, without limitation, guest of Grand Prize Winner) or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of a prize; (ii) participation in or administration of this Promotion; (iii) the exploitation of any of the rights granted herein; and (iv) any element of this Promotion; (c) to assume all liability for any injury or damage related to (a) (i)-(iv); (d) to be bound by the Terms (including, without limitation, the Official Rules and the decisions of the Judges and Sponsor which are final); (e) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (f) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (g) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (h) that New York law shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion if fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any or other similar causes or factors beyond Sponsor's reasonable control corrupts, impairs or compromises the administration, security, integrity or fairness of the Promotion (or portions thereof), as determined by Sponsor in its sole discretion. Should the Promotion be cancelled or terminated for any of the aforementioned reasons, the Grand Prize may be awarded in any manner deemed fair and equitable by Sponsor, in its sole discretion, from among those Entries submitted prior to the action taken, or Sponsor shall have the right to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Promotion is cancelled or terminated, notice will be posted online. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
Any damage made to any Promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Any Entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right, in its sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the Entry, judging or voting process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted, and/or if Sponsor suspects that an Entrant attempted to obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void.
NOTICE TO ENTRANTS AND VOTERS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL REPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- Use of Data: Sponsor will be collecting personal data about Entrants online as part of the Entrant Information for the Contest, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy on the Website and at www.nutellausa.com. By participating in the Contest, Entrants hereby agree to Sponsor’s collection and usage of their personal information in accordance with Sponsor’s Privacy Policy and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
- OFFICIAL RULES; WINNERS LIST: For a copy of the Official Rules and/or the names of Winners, send a self-addressed stamped (#10) envelope to: Nutella Chief Ambassador Contest, c/o Brandmovers, Inc., 590 Means Street, Suite 250, Atlanta, GA 30318. Requests must be received by February 11, 2016.
- SPONSOR: Ferrero U.S.A., Inc., 600 Cottontail Lane, Somerset, NJ 08873.
- ADMINISTRATOR: Brandmovers, Inc., 590 Means Street, Suite 250, Atlanta, GA 30318.
