4. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):
(20) Grand Prizes: A VIP OREO Cookie Box for (1) year, that wil be awarded as follows: In (1) of the (12) months of the year, winner will receive a branded insulated cup, mini bluetooth speaker, touchscreen gloves, popsocket, deck of cards and OREO products for the 1st month. All other months will contain OREO product only. ARV: $315 ea.
(30) First Prizes: OREO Swag box including the following: a branded collapsible cup, mini bluetooth speaker, touchscreen gloves, popsocket, deck of cards and OREO product. ARV: $45 ea.
All products determined by Sponsor in its sole discretion. Total value of all prizes is $7,650.
Limit (1) instant win prize per email address/person.
Odds of winning an Instant Win Game prize depend on the number of Game plays during the Promotion Period, the timing of each Game play and the number of prizes available at the time of Game play. No substitutions or transfers of prizes permitted by winners. Sponsor reserves the right to a substitute prize (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailble.
5. GENERAL RULES: All income taxes resulting from acceptance of prizes are the responsibility of the winners. By participating, entrants (and their parents/legal guardians if entrants are minors) accept and agree to these Official Rules and the decisions of the Administrator, which shall be final in all matters. By participating, winners (and their parents/legal guardians if winners are minors) agree to hold Promotion Parties, Facebook, Twitter, their respective affiliates, directors, officers, shareholders, employees and assigns (collectively, “Released Parties”) harmless against any and all claims and liability arising out of use or redemption of prizes. Acceptance also constitutes permission to the Released Parties to use winners’ names cities, states, likenesses, photos, and/or prize information in connection with the Instant Win Game for promotional, marketing, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet and social media platforms, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Released Parties are not responsible for lost or late Game plays and email, or for technical, hardware or software malfunctions, lost or unavailable network, connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Instant Win Game, or by any human error which may occur in the programming of this Instant Win Game. Released Parties are further not responsible for: unauthorized human intervention in any part of the entry process or the Instant Win Game generally; incomplete or inaccurate information on Sponsor’s website whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; electronic or human error which may occur in the administration of the Instant Win Game, or announcement of the winners. If due to a computer programming or other error, more prizes are claimed than intended to be awarded according to Rule 4, the intended number of prizes will be awarded in a random drawing from among all valid prize claims received. In no event will Sponsor be liable for more than the stated number of prizes in Rule 4. If, in the Administrator's opinion, there is any suspected evidence of tampering with any portion of the Instant Win Game, or if technical difficulties compromise the integrity of the Instant Win Game, the Administrator reserves the right to modify or terminate the Instant Win Gamein a manner deemed reasonable by the Administrator, in its sole discretion. If terminated, prizes will be awarded in a random drawing using all non-suspect Game plays as of the date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online registration form provided he/she complies with these Official Rules. All federal, state and local laws apply. Any attempt by any person to deliberately damage the Website or undermine the legitimate operation of this Instant Win Game may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual).
6. DISPUTE RESOLUTION: Entrant (and his/her parent or legal guardian, if entrant is a minor) agree that any and all disputes, claims and causes of action arising out of or connected with the Instant Win Game or any prize awarded shall be settled by arbitration administered by the American Arbitration Association (the "Arbitrator"). This arbitration provision limits the ability of the entrant, Administrator, and Sponsor to litigate claims in court and participant (and his/her parent or legal guardian, if participant is a minor), Administrator, and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. You (and your parent or legal guardian, if you are a minor) agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court and that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You (and your parent or legal guardian, if you are a minor) agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You (and your parent or legal guardian, if you are a minor) agree that you will not join your claims to those of any other person and that you will not agree to class or collective procedures in arbitration or the joinder of claims in arbitration. The place of arbitration shall be Oakland County, Michigan unless the Arbitrator requires otherwise.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Instant Win Game-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.
7. PRIVACY POLICY: Information collected from entrants is subject to the Sponsor’s Privacy Policy
Mondel?z International, Inc. Privacy Policy.
8. WAIVER: By entering this Instant Win Game, participants (and their parents/legal guardians if participants are minors) waive all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
9. WINNERS' LIST: For a winner list, visit
http://bit.ly/2Mc0zEJ. The winner list will be posted after winner confirmation is complete.
SPONSOR: Mondelez Global, LLC, 100 Deforest Ave., East Hanover, NJ 07936-2813.
