Thomas’® Swirl Bread Candle Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN.
PROMOTION PERIOD: The Thomas’® Swirl Bread Candle Giveaway (the “Promotion”) starts on October 15, 2018 at 10:00 a.m. Eastern Time (“ET”) and ends on October 17, 2018 at 11:59 p.m. ET (“Promotion Period”).
ELIGIBILITY: Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at time of entry. Eligible minors must obtain their parents or legal guardian’s permission prior to participating. Employees, officers, and directors of Bimbo Bakeries USA, Inc. (“Sponsor”), its subsidiaries, affiliates, distributors, promotion and advertising agencies, and members of their immediate families (spouse and parents, children and siblings and each of their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
HOW TO ENTER: During the Promotion Period, log-in to your Instagram account and locate the timeline post specified by Sponsor. Then, respond to the provided comment/question in the form of a comment to the post to receive one (1) entry in the Instagram drawing
Instagram entries will be collectively referred to as “entries”. The content of your entry will not be judged and will therefore not increase or decrease your chances of winning a prize. All entries must be received by October 17, 2018 at 11:59 p.m. ET to be considered. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. Limit one (1) entry per person using only one (1) Instagram account throughout the Promotion Period You may only use one (1) Instagram account to enter the Promotion. Any entries received from any person or Facebook account in excess of the limitation stated above will be void.
REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
· is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
· promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
· is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted entries;
· defames, misrepresents or contains disparaging remarks about other people or companies;
· contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
· contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
· contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
· contains look-alikes of celebrities or other public or private figures, living or dead;
· communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
· violates any law.
By submitting an entry, entrant hereby grants permission for the entry to be posted on https:instagram.com/thomasbreakfast or other Sponsor websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and may remove any posted entry at any time.
RANDOM DRAWING: Five hundred (500) potential winners will be selected in a random drawing held on or about October 19, 2018 from among all eligible entries received throughout the Promotion Period. Odds of winning a prize will depend upon the total number of eligible entries received throughout the Promotion Period. Random drawing will be conducted by Sponsor, whose decisions are final on all matters relating to this Promotion. Sponsor’s decisions are final and binding on all matters relating to this Promotion.
WINNER NOTIFICATION: Potential winners will be notified by Sponsor via Instagram comment or direct message and will be required to respond to Sponsor within three (3) days from date of initial notification. Potential winners may be required to execute and return an affidavit of eligibility, a liability release, an IRS W-9 Form and, where lawful, a publicity release. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, such prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the applicable prize.
PRIZES (500): Each winner will one (1) Thomas’® Swirl Bread candle. The Approximate Retail Value (“ARV”) of each Prize: $10.
PRIZE CONDITIONS: Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified in these rules as being provided. All prize details are at Sponsor’s sole discretion. Prizes awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Total ARV of all prizes is $5,000.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor, Instagram, their subsidiaries, affiliates, distributors, promotion and advertising agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of any prizes; and (c) to the use of his/her name, voice, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor, its affiliates and agencies, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use.
LICENSE/USE OF POSTS: By submitting a social media post, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, name, social media post, and biographical material including, but not limited to, all materials submitted in connection with the Promotion in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries or social media posts, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries or social media posts, the announcement of the prizes, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion (or portion thereof) and, if terminated, at its discretion, select the potential winners from among all non-suspect, eligible entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, USA.
WINNERS’ LIST: For the names of the winners (available after October 19, 2018) send a self-addressed, stamped envelope to: Thomas’® Swirl Bread Candle Giveaway 255 Business Center Drive, Horsham, PA 19044, for receipt no later than December 15, 2018.
SPONSOR: Bimbo Bakeries USA, Inc., 255 Business Center Drive, Horsham, PA 19044