01-05-13 - Ferrero Rocher Virtual Gift Sweepstakes

https://www.facebook.com/FerreroRocherUSA/app_417224685008452

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.



1. HERE’S HOW TO ENTER: The Ferrero Rocher Virtual Gift Sweepstakes (the “Sweepstakes”) shall begin at 12:00:00am Eastern Time (“ET”) on 11/22/12 and end at 11:59:59pm (ET) on 1/5/13 (the “Promotion Period”). During the Promotion Period, those who are eligible (each an “Entrant”) may visit the Sweepstakes application (the “Application”), accessible through the Application link on the Ferrero Rocher USA page on Facebook.com (https://www.facebook.com/ferrerorocherusa) (“the Page”), and follow the on-screen instructions to send a free virtual giftbox of Ferrero Rocher® chocolates (the “Virtual Gift”) to Entrant’s “friends” on Facebook (“Facebook Friends”) and register for the Sweepstakes. If you are not an existing member of Facebook.com, you will be required to follow the directions to create a free account on Facebook.com and you will then be able to access the Page. Entrant will be required to “like” Ferrero Rocher USA (if he/she does not already “like” Ferrero Rocher USA) prior to sending a Virtual Gift and registering for the Sweepstakes. For clarity, “liking” Ferrero Rocher USA does not, by itself, constitute entry into the Sweepstakes. The Virtual Gift has no monetary value. Entrant will receive one (1) entry into the corresponding Weekly Drawing (defined in Section 3 below) for each unique Facebook Friend to whom Entrant sends a Virtual Gift, up to a maximum of ten (10) entries per Day, subject to the restrictions set forth herein. In the event that Entrant sends more than one (1) Virtual Gift to the same Facebook Friend on the same Day, he/she may receive an entry for the first Virtual Gift sent to that Facebook Friend, while all other entries for Virtual Gifts sent to the same Facebook Friend on the same Day will be disqualified. All entries over the maximum of ten (10) entries permitted per Day shall be disqualified. To clarify, Entrant may receive a total of ten (10) entries per day using any of the following methods: (a) sending one (1) Virtual Gift to ten (10) different Facebook Friends; (b) sending ten (10) separate and unique Virtual Gifts to a different Facebook Friend; or (c) through using any combination of Virtual Gifts and recipients where the total number of Virtual Gifts/Facebook Friends meets the ten (10) entry per Day threshold (e.g., solely for example purposes, two (2) separate and unique Virtual Gifts sent to five (5) different Facebook Friends). Entrant may only send Virtual Gift(s) to a maximum of one hundred (100) Facebook Friends per Day (“Daily Virtual Gift Threshold”); upon reaching the Daily Virtual Gift Threshold, Entrant will not be able to send any more Virtual Gifts for the remainder of that Day. Entries are only valid for the particular Weekly Drawing and do not carry over to subsequent Weekly Drawings. Entries must be received by 11:59:59pm (ET) each Saturday to be eligiblefor that Week’s Weekly Drawing. Web host’s computer is the official time-keeping device for the Sweepstakes. A “Week” is defined as beginning 12:00:00am (ET) on Sunday and ending 11:59:59pm (ET) on Saturday during each Week of the Promotion Period, except for the first Week of the Promotion Period which begins 12:00:00am (ET) on Thursday 11/22/12 and ends 11:59:59pm (ET) on Saturday 11/24/12. A“Day” is defined as beginning 12:00:00am (ET) and ending 11:59:59pm (ET) on each calendar day during the Promotion Period. An Entrant can use only one Facebook account to enter. Limit ten (10) entries per Facebook account per person per Day during the Promotion Period.

Before sending your Virtual Gift, you must follow the instructions to select a theme from the Sponsor provided list. You will have the option of including up to three (3) photographs and a greeting in each Virtual Gift that you send. Including a photograph is not required to send a Virtual Gift or enter the Sweepstakes and will not increase your chances of winning a prize. All photographs included in a Virtual Gift must be original and not be defamatory, threatening, disparaging, profane, obscene and otherwise violate the terms of the Submission Agreement (which all Entrants must accept in order to include a photograph in a Virtual Gift). In the event that a Photograph included in a Virtual Gift violates the terms of the Submission Agreement and/or these Official Rules, the entry or entries associated with that Virtual Gift may be disqualified.

All Facebook, Inc. (“Facebook”) terms and conditions apply. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will be used for purposes of Sweepstakes administration.

2. ELIGIBILITY: This Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Employees, directors and officers of Ferrero U.S.A., Inc. (“Sponsor”), its parent, affiliates, and subsidiaries, its advertising, promotion and internet agencies, and Facebook, and each of their immediate family members and/or those living in the same household of each are not eligible to enter or win a prize. All federal, state, and local laws and regulations apply. Void where prohibited by law.

3. RANDOM DRAWINGS: One (1) weekly random drawing will be conducted each Tuesday (i.e., total of 7 random drawings, 1 per week) from among all eligible entries received during the previous Week of the Promotion Period (each a “Weekly Drawing” and collectively the “Weekly Drawings”) to select seventy (70) weekly prize winners, except for the final Weekly Drawing from which eighty (80) prize winners will be selected. A Weekly Drawing shall be held on Wednesday where the Tuesday of that Week falls on a federal holiday. Weekly Drawings will be conducted by D.L. Blair, Inc., an independent judging organization whose decisions are final. Odds of winning for each Weekly Drawing will depend upon the number of eligible entries received by the deadline for each Weekly Drawing. The only notification that winners will receive is the prize that they have won which will be sent in the mail.

4. PRIZES AND APPROXIMATE RETAIL VALUES: Five Hundred (500) Prizes,eachconsisting of one (1) 18-piece gift box of Ferrero Rocher®chocolates (Approximate Retail Value: $9.99 per prize). Total ARV of all Prizes: $4,995.00. Prize consists of only the item specifically listed as part of the prize. Sponsor shall not be responsible for lost or stolen prizes. Sponsor shall not be liable for any issues arising out of or in connection with winner’s use of a prize. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person per Facebook account per household throughout the entire Promotion Period. Prizes will be shipped to winners at the mailing address provided at registration. Allow 6-8 weeks for prize delivery, following the particular Weekly Drawing. Any prize returned as undeliverable may result in disqualification and the selection of an alternate winner.

5. PRIZE RESTRICTIONS: Prizes are not redeemable for cash and are not transferable. No prize substitution permitted in whole or in part, except by Sponsorwho reserves the right to substitute prize (in whole or in part) of equal or greater value. All taxes and fees, if applicable, are the sole responsibility of winner. All costs and expenses not specified herein as being awarded are the sole responsibility of winner. Any stated difference between the approximate retail value and actual value of prize or any substitute prize will not be awarded. In no event will more than the stated number of prizes be awarded. If an Entrant submits more than the stated number of entries permitted, and/or if Sponsor suspects that an Entrant attempted to obtain additional entries by using multiple Facebook accounts, email addresses, registrations, identities or any other method, all suspect entries submitted by the Entrant may be declared null and void.

6. CONDITIONS OF PARTICIPATION: By accepting prize, winners (and parent/legal guardian if winner is a minor in his/her state of residence) agree to hold Sponsor, its directors, officers, employees, advertising, promotion and internet agencies, Facebook, and their respective agents and assigns (the “Released Parties”), harmless against any and all claims and liability arising out of acceptance and use of prize. Winners (and parent/legal guardian if winner is a minor in his/her state of residence) and Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption of any prize. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winners’ namesand/or likenessesfor purposes of advertising and trade without further compensation unless prohibited by law. Entrants (and parent/legal guardian if Entrant is a minor in his/her state of residence) agree to release, discharge and hold harmless the Released Parties from and against any and all liability and damages. By participating in this promotion, Entrants (and parent/legal guardian if Entrant is a minor in his/her state of residence) agree to be bound by the Official Rules, Submission Agreement (if applicable), and the judges’ decisions which are final. Sponsor reserves the right to: (a) use Entrant’s name and likeness and reproduce/distribute all entries submitted in any and all media throughout the world in perpetuity; (b) alter, amend, edit or change entries prior to distribution; and (c) use, distribute, reproduce, alter, amend and copyright entries for purposes of advertising and trade, without further compensation, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (including, without limitation, the Submission Agreement) and the terms and conditions of theOfficial Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the fulfillment or announcement of the prizes.

ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE SPONSOR’S FACEBOOK PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Released Parties shall not be responsible for faulty, incorrect or mistranscribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to, or resulting from, participating in, or experiencing any materials in connection with, the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Sweepstakes or send or receive a Virtual Gift. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor/judging agency/administrator, in their sole discretion. In the event of termination, a notice will be posted online and Sponsor reserves the right, but will have no obligation, to randomly select winners and award all remaining prizes from among all valid and eligible entries received up to the time of such termination. In the event a dispute arises regarding the specific individual entitled to receive a prize, an entry will be deemed made by the “authorized Facebook account holder”. “Authorized Facebook account holder” is defined as the natural person who is assigned a Facebook account by Facebook. Participant may be requested to provide Sponsor with proof that the participant is the authorized Facebook account holder of the Facebook account in question. Any damage made to any Sweepstakes related website, including without limitation, Sponsor’s Facebook page, by an Entrant will be the responsibility of the authorized Facebook account holder that is associated with the damage in question. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individualif fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

7. GENERAL TERMS: By entering, Entrant agrees to accept and abide by the Official Rules of the Sweepstakes and agrees that any dispute with regard to the administration of this Sweepstakes, rule administration, or award of any prize will be resolved by Sponsor, whose decision will be final and binding. This Sweepstakes is governed by the laws of the State of New York, and Entrant consents to the exclusive jurisdiction and venue of the Courts of the State of New York, County of New York for any disputes arising out of this Sweepstakes. Entrant agrees that all disputes, claims and causes of action arising out of or associated with the Sweepstakes or any prize will be resolved individually for actual damages, without resort to any form of class action. All applicable federal, state and local laws and regulations apply. In the event Sponsor is prevented from continuing with the Sweepstakes, or the integrity of the Sweepstakes is undermined by any event including but not limited to fire, flood, labor dispute, act of God or public enemy, law, order or regulation (“Force Majeure Event”), Sponsor will have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes as a result of the Force Majeure Event without notice or obligation. If Sponsor, in its discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure Event, Sponsor reserves the right, but will have no obligation, to randomly select winners and award all remaining prizes from among all valid and eligible entries received up to the time of such Force Majeure Event.

8. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES AND/OR YOUR ACCESS TO AND USE OF FACEBOOK.COM, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES, INCLUDING FACEBOOK.COM. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy at www.ferrerorocherusa.com. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

10. SPONSOR: Ferrero U.S.A., Inc., 600 Cottontail Lane, Somerset, NJ 08873.