NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST PERIOD: America’s #BreadSelfieChallenge (the “Contest”) starts on March 1, 2018 at 12:00:01 a.m. Eastern Time (“ET”) and ends on March 31, 2018 at 11:59:59 p.m. ET (“Contest Period”). This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age with a valid Instagram account as of date of entry. The parent, affiliates, subsidiaries, officers, trustees, distributors, advertising and promotion agencies, employees and agents of the Sponsor, and the immediate families (parent, child, spouse or sibling and their respective spouses regardless of where they reside) and those living in the same households, whether or not related, of any of the above are not eligible to enter or win. If you have received a prize from Sponsor within the past six (6) months in connection with another Sponsor promotion, you are not eligible to participate in this Contest or receive a prize. All federal, state and local rules and regulations apply. Void where prohibited.
For each eligible Entry received throughout the Contest Period, Sponsor will donate $2 to Share Our Strength, up to $25,000 total. Payments to Share Our Strength will be made within sixty (60) days from the end date of the Contest Period. Information concerning Share Our Strength, including financial, licensing or charitable purpose may be obtained, without cost, by visiting www.nokidhungry.org.
All Entries must be received by March 31, 2018 at 11:59 p.m. ET to be considered. Entries cannot be edited once submitted. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process are 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;
· 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 (with the exception of Arnold®, Brownberry® and Oroweat® products and marks which will be permitted), 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.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Arnold®, Brownberry® or Oroweat® Instagram channels 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.
JUDGING PHASE: All eligible Entries received throughout the Entry Period will be judged by Administrator based on the following judging criteria: 1) Quality and Composition of Photo (35%); 2) Perceived Appetite Appeal (35%); and 3) Creativity (30%). The one (1) Entry for each brand (Arnold®, Brownberry® and Oroweat®) with the highest scores will be deemed potential winners, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the potential winner(s) based on the criteria listed herein. Sponsor reserves the right to award fewer than three (3) prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
WINNER NOTIFICATION: Potential winners will be notified on or about April 11, 2018 by Sponsor or Trymark Consulting Group LLC via Instagram direct message and/or comment and be required to respond to Sponsor within three (3) days from date of initial notification. Potential Grand Prize winners will 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.
GRAND PRIZES (3) (One (1) awarded per brand): Each winner will receive $10,000 awarded in the form of a check. Approximate Retail Value (“ARV”) of ach Grand Prize: $10,000.
PRIZE CONDITIONS: Limit of one (1) prize per person. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Total ARV of all prizes: $30,000.
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 Contest; (b) to release, discharge and hold harmless Sponsor, Share Our Strength, Trymark Consulting Group LLC, 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 Contest or any Contest-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 PHOTOS: By submitting a photo, 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, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest 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 photos, 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or photos, the announcement of the prizes, or in any Contest-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 Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest 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 Contest 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 Contest (or portion thereof) and, if terminated, at its discretion, determine the potential winners from among all non-suspect, eligible Entries received prior to action taken using the judging criteria specified above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, 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 Contest), 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 Contest, 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 April 10, 2018) send a self-addressed, stamped envelope to: America’s #BreadSelfieChallenge, P.O. Box 295, Gainesville, VA 20156 for receipt no later than May 10, 2018
SPONSOR: Bimbo Bakeries USA, Inc., 255 Business Center Drive, Horsham, PA 19044.