Ricola® “Max Influencer” Instagram Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
2. SWEEPSTAKES PERIOD: The Sweepstakes begins on January 30th, 2023 at 12:00:00 a.m. Eastern Standard Time (“EST”) and ends on February 3rd, 2023 at 11:59:59 P.M. EST (the “Sweepstakes Period”). The sole determinant of time for the purposes of this Sweepstakes, including receipt of an Entry, will be the Sweepstakes computer servers (“Sweepstakes computers”). Proof of transmission (screenshots or captures, etc.) or attempted transmission does not constitute proof of delivery or receipt by the Sweepstakes computers or Sponsor.
3. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal residents of the 50 states of the United States and the District of Columbia, who are at least 18 years of age at the time of their entry (the “Entrants”). Employees, officers, and directors (and persons living in the same household as such persons) of the Influencer, the Sponsor, Fuse Create Inc. (the “Administrator”), and each of their respective parents, subsidiaries, affiliates, suppliers, advertising and marketing agencies, are not eligible to enter the Sweepstakes. Participants must have Internet access (which is available for free at certain public facilities), and a valid Instagram account (which can be obtained by visiting www.instagram.com and following the on-screen instructions to register for a free Instagram account). An individual may only use one (1) Instagram account to participate in this Sweepstakes. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
4. HOW TO ENTER: NO PURCHASE NECESSARY. This Sweepstakes takes place on the Instagram application (“Instagram” or the “Application”) and requires you to have a valid user account with Instagram to enter. To participate, you will need to create an Instagram account if you do not already have one. Membership on Instagram is free and registration for Instagram can be obtained by visiting www.instagram.com (the “Instagram Website”) and following the on-screen instructions to open an account. Standard data rates apply to participants who choose to participate in the Sweepstakes via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
- A copy of the Official Rules will be available within the Influencer profile and within the Sweepstakes Post @WhiteHomeOnWheels by clicking on the bit link at the top of page or within the Sweepstakes Post. All entries must comply with the Instagram Terms of Service and Instagram Rules which can be found at www.Instagram.com.
- To enter:
- From your personal Instagram account, search for the Influencers Instagram account @WhiteHomeOnWheels;
- Locate the Ricola® “Max” Sweepstakes post, posted on January 30th, 2023 at 12:00:00 am EST (referred as the “Sweepstakes Post”);
- Follow @WhiteHomeOnWheels if you are not presently a follower of the Influencer;
- Like the Ricola® “Max” Sweepstakes Post;
- Read the question outlined in the Sweepstakes Post (the “Question”) in English [Tell us what’s your go to flavor is (Honey lemon or Swiss cherry) during Cough and Cold season for the chance to win];
- Tag one (1) personal friend in the comments @ (please ensure your personal friend is a legal resident of one of the 50 states of the United States and the District of Columbia, who is at least 18 years of age at the time of their entry);
- Optional: Tag @Ricola_usa.
- Once these actions are completed, you will be eligible to earn one (1) Entry (an “Entry”). Entries must be submitted and received during the Sweepstakes Period and in accordance with these Rules.
- If an entrant’s Instagram account is set to “protected mode” the Entry may not be visible in the Influencer inbox and thus may not be received by the Influencer unless you previously consented to permit the Influencer, to see your Entry. The Influencer and Sponsor will not be responsible for any Entry or direct messages not received and/or responded to within the required time frame because the entrant has set his/her account to “protected mode”, or for other technical reasons.
5. AGREEMENT TO BE LEGALLY BOUND BY RULES: The @WhiteHomeOnWheels Instagram page and Sweepstakes Post will contain a bit link where you can find a copy of these Rules. By: (i) following @WhiteHomeOnWheels; (ii) liking the Sweepstakes Post; and (iii) leaving a personal answer to the question, you signifying your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules. Remember Instagram is a public space. By way of reminder, private messages do not count as an Entry into this Sweepstakes.
6. SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, OF A PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE SWEEPSTAKES AND/OR AWARDING OF THE PRIZES.
Without limiting the generality of the requirements noted in Rule 4 above, an Entry must: (i) be your own personal answer unless the question is a “yes/no” type of question; (ii) be written in English; and (iii) be in accordance with these Rules and all applicable Instagram terms, policies and guidelines (collectively, the “Instagram Terms”). By participating in the Sweepstakes, each entrant hereby warrants and represents that his/her Entry (and each individual component thereof):
i. is original to him/her and that the entrant has all necessary rights for the purposes of their answer to the question in this Sweepstakes;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless all necessary consents have been obtained;
iv. will not give rise to any claims including, without limitation, claims of infringement, invasion of privacy or publicity or infringe on any rights and/or interests of any third party;
v. not violate any law, statute, ordinance or regulation;
vi. be in good taste;
vii. not contain commercial messages, comparisons or solicitations for products or services other than products of Sponsor;
viii. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or otherwise involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; dangerous behaviours; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Influencer and Sponsor in their sole and absolute discretion.
The Influencer and Sponsor reserve the right to reject any entry if in the sole opinion of the Influencer and Sponsor acting in their absolute discretion, the Entry is not original, is inappropriate, dangerous or would violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Influencer and Sponsor to law suits (for example by containing any commercial content that promotes any product or service other than those of the Sponsor), embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavourably on the Sponsor or any of its products or services. All such Entries will be disqualified.
7. LICENSE: By entering the Sweepstakes, each entrant: (i) without limiting the applicable Instagram Terms, grants to the Influencer and Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (and each individual component thereof), in whole or in part, for advertising or promoting the Sweepstakes or for any other reason; (ii) waives all moral rights in and to his/her Entry in favour of the Influencer and Sponsor (and anyone authorized by the Sponsor to use the Entry); and (iii) agrees to release and hold harmless the Influencer, Sponsor, Instagram, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, damages, liabilities, costs, and expenses arising from participation in this Sweepstakes and/or the use of his/her Entry (and each individual component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty and the avoidance of any doubt, the Influencer and Sponsor reserve the right, in their sole and absolute discretion and at any time, to disqualify any Entry if a complaint is received with respect to the Entry or for any other reason. If such an action is necessary at any point, then the Influencer and Sponsor reserve the right, in their sole and absolute discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry (and therefore the corresponding Entry and/or the associated entrant) – to ensure that the Sweepstakes is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Entries will not be judged.
8. ENTRY LIMIT: There is no limit to the number of Entries a person can submit however each Entry must be unique. For clarity, do not tag the same personal friend, more than one (1) time in this Contest. Each comment left must include a different friend during the Sweepstakes Period. For greater certainty and the avoidance of any doubt, you can only use one (1) personal Account to enter the Sweepstakes and such Account may only be used by one (1) person regardless of whether the Account is shared by two (2) or more people. No person shall submit an Entry using a business Account. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) tag the same personal friend more than once; and/or (ii) use multiple names, identities, email addresses, Accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Sweepstakes; then he/she may be disqualified from the Sweepstakes in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Influencer and Sponsor) the Entry is not fully completed with all required information and submitted and received during the Sweepstakes Period in accordance with these Rules. The Released Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
9. VERIFICATION: All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Sweepstakes; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Sweepstakes; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.
10. PRIZES AND APPROXIMATE RETAIL VALUE: There will be five (5) prizes (each a “Prize” and collectively the "Prizes“) available to be won. Each Prize consists of a RICOLA® branded belt bag and one (1) package of RICOLA® Max Throat Care. Approximate retail value of each Prize is $35.00 USD.
Without limiting the generality of the foregoing, Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or any component thereof with an item or items of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. The Prize will only be awarded to the person whose verifiable full name and valid e-mail address appears on the Account associated with the Entry in question. By accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part. Prize winners are solely responsible for all costs not expressly described herein. It is anticipated that the Prize will be sent to the confirmed winner’s address as indicated on his/her Affidavit of Eligibility and Liability/Publicity Release form within thirty (30) days of receipt of the Sponsor’s Affidavit of Eligibility and Liability/Publicity Release form and confirmation of the eligible winner as a winner in accordance with these Rules (see Section 11 for details). If a Prize is returned as undeliverable for any reason whatsoever, the winner will forfeit his/her Prize and the Prize will not be re-awarded nor re-delivered at a later date. Limit one (1) Prize per household address. Prize may not be exactly as shown.
None of the Released Parties make any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize or any component of a Prize awarded in connection with the Sweepstakes. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Influencer, Sponsor nor any of the Released Parties should the Prize or any portion thereof fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
11. WINNER SELECTION AND ODDS OF WINNING: At approximately 2:00 p.m. EST on February 6, 2023 a random draw will be held at the offices of the Administrator (the “Draw Date”). Five (5) eligible entrants will be randomly selected from among all eligible Entries that were submitted and received in accordance with these Rules during the Sweepstakes Period. The odds of winning a Prize depend on the number of eligible Entries submitted and received in accordance with these Rules during the Sweepstakes Period. If for any reason there are no entries submitted during the Sweepstakes Period then the prizes will not be awarded or if for any reason there are insufficient entries submitted during the Sweepstakes Period then all prizes may not be awarded.
12. ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCEDURE: Each eligible winner will be contacted by Instagram Direct Message originating from the @Ricola_usa Instagram account by the Sponsor or the Administrator (the “DM”), within one (1) business day following the Draw Date. Each eligible winner is solely responsible for monitoring his/her Account for such notification message(s) and must respond to the DM within the indicated time frame as indicated within the DM message and will be required to provide an active email address at which the Sponsor or its Administrator representative will send the eligible winner an email detailing how they can claim their Prize along with the Affidavit of Eligibility and Liability/Publicity Release form which the eligible winner will be required to print, complete and return. If an eligible winner does not respond to the DM within the indicated time frame, he/she will be disqualified without any liability to the Sponsor, and his/her eligibility to receive the prize will be forfeited and an alternate eligible winner may be randomly selected (as determined by the Sponsor in its sole and absolute discretion) from among the remaining eligible Entries received during the Sweepstakes Period unless no further entries are available then the prize will not be awarded (in which case the foregoing provisions of this section shall apply to such newly selected entrant). The Released Parties will not be responsible for failed attempts to contact an eligible winner.
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each eligible winner will be required to print, sign and return by email or fax within five (5) business days of notification the Sponsor’s Affidavit of Eligibility and Liability/Publicity Release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Sweepstakes, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address (city and state), voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet (including, but not limited to, any social media platforms). If the eligible winner: (a) fails to return the properly executed Sweepstakes documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize without any liability to the Sponsor) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Sweepstakes Period immediately preceding the Draw Date; (in which case the foregoing provisions of this section shall apply to such newly selected entrant). Under no circumstance will the Sponsor award more than five (5) Prizes.
13. GENERAL CONDITIONS:
- The Sponsor and Influencer reserve the right to cancel or modify the Sweepstakes if fraud, technical failures, or any other factor beyond their control impairs the integrity of the Sweepstakes, as determined by the Sponsor, Influencer or the Administrator in their sole discretion. In such event, the Administrator will select a winner via random drawing from among all eligible entries received.
- The Sponsor, Influencer or the Administrator reserves the right, in its sole discretion, to disqualify any person it has reason to believe has attempted to enter more than once or has tampered with the entry process or the operation of this Sweepstakes or to be acting otherwise in violation of these Rules or in a disruptive manner.
- The Sponsor reserves the right to adjust any of the dates, timeframes and other Sweepstakes mechanics stipulated in these Rules, for purposes of verifying compliance by any Entrant or entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor or the Administrator, may affect the proper administration of the Sweepstakes as contemplated in these Rules, or for any other reason.
- To the fullest extent permitted by law, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the awarding of the prize will be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Newark, New Jersey, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; (iii) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (iv) you waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. The internal, substantive law of New Jersey governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in Newark, New Jersey. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Winner List and Copy of Official Rules: For a copy of the winners list (with five winners) or a copy of these Official Rules, please send an email to [firstname.lastname@example.org] with the subject heading: Ricola® “Max Influencer” Instagram Sweepstakes – winner’s list request”. Requests must be received by March 31, 2023.
- Administrator: Fuse Create Inc., 45 Ossington Ave, Toronto, ON, Canada M6J 2Y9