Upfield social media giveaway sweepstakes (the “Sweepstakes”) are open only to legal residents of the United States of America and shall be construed and evaluated only according to applicable U.S. federal law and applicable state law. Do not enter any Upfield Sweepstakes if you are not a legal U.S. resident or otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes are sponsored by Upfield, 433 Hackensack Ave., Hackensack, NJ 07601 (the “Sponsor”) and administered by Upfield (the “Administrator”).
ELIGIBILITY: The Sweepstakes are open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective jurisdiction of permanent residence at the time of entry (the “Entrants”). Employees, officers, directors, agents, shareholders, and representatives of the Sponsor, the Administrator, and their respective parent companies, subsidiaries, affiliates, distributors, sales representatives, and advertising and promotional agencies (collectively, the “Released Parties”) and members of their immediate families (defined as including spouses, biological, adoptive, and step-parents, grandparents, siblings, children, and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in any Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, other U.S. territories, and where prohibited or restricted by law. (For the avoidance of doubt, any references in these Official Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating in any Sweepstakes, Entrants agree to abide by and be bound by these Official Rules, any Sweepstakes-specific rules, and the decisions of the Administrator, which shall be final and binding in all matters relating to the Sweepstakes, and Entrants represent and warrant that they meet the eligibility requirements set forth above. To the extent that any Sweepstakes-specific rules conflict with these Official Rules, such Sweepstakes-specific rules shall govern. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: Follow the entrance rules set forth for each individual Sweepstakes. An individual Sweepstakes registration form may require Entrants to provide certain information, including, as applicable, their full name, e-mail address, zip code, or to follow a social media channel operated by Sponsor and complete additional steps to enter. The Sponsor’s database computer shall be the official time-keeping device of each Sweepstakes. Each completed registration form will result in one (1) Sweepstakes entry. LIMIT one (1) entry per Entrant.
Proof of submission of an entry is not considered proof of delivery to or receipt by Sponsor. The Released Parties are not responsible for: (a) late, incomplete, delayed, undelivered, or misdirected entries; (b) causes beyond Released Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of a Sweepstakes; (c) any entries submitted in a manner that is not expressly allowed under these Official Rules or the entrance rules for a particular Sweepstakes; (d) incorrect or inaccurate entry information; (e) any typographical or other error in the printing or advertising of these Official Rules or any individual Sweepstakes rules, in the administration or execution of the Sweepstakes, or in the announcement/notification of the Winner; or (f) cheating or fraud by any Entrant. All incomplete or non-conforming entries will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned, except as provided herein.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in any Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
GENERAL CONDITIONS: If for any reason the operation or administration of any Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
DRAWING AND NOTIFICATION: The potential Winner will be selected in a random drawing from among all eligible entries received by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted in accordance with the rules of each particular Sweepstakes. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Sweepstakes period (as defined in the rules of each particular Sweepstakes). The potential Prize Winner will be contacted by the Sponsor (or Administrator) in the manner stated in the rules of each particular Sweepstakes.
PRIZE & PRIZE CONDITIONS: The grand prize winner (the “Winner”), upon the Administrator’s confirmation of eligibility, will receive the prize(s) in accordance with the rules of each particular Sweepstakes (the “Prize”). The Prize shall consist only of the item(s) described in the rules of each particular Sweepstakes. All costs associated with the use of the Prize that are not expressly described as being included with the Prize are the Winner’s responsibility. The approximate retail value (the “ARV”) of the Prize set forth in any individual Sweepstakes rules represents Sponsor’s good faith determination of the ARV thereof and such determination is final and binding and cannot be appealed. If the actual value of a Prize turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE WINNER WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute the Prize (or Prize component) with another prize of equal or greater value.
By accepting a Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The Sponsor will notify the potential Winner in the manner stated in the rules of each particular Sweepstakes. The potential Winner must claim the Prize by complying in full with the notification instructions within five (5) days, and must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, any Affidavit of Eligibility, Liability & Publicity Release, or similar documentation provided by the Administrator in order to claim his/her prize. The Winner may also be asked to complete an IRS Form W9. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize, and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within five (5) days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in any Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner of any Sweepstakes also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with a particular Sweepstakes shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in a Sweepstakes, and where and to the extent permitted by law, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New Jersey having jurisdiction; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in entering the Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, or special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules and any Sweepstake-specific rules contain the full and complete understanding with respect to a particular Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of the Released Parties and Entrant.