“Trick and Treat” Online Sweepstakes

 

Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.

  1. ELIGIBILITY: The Gardein “Trick and Treat” Online Sweepstakes (the “Promotion”) The Sweepstakes is 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 older, except employees of Boulder Brands USA, Inc. (“Sponsor”), its parent companies, affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”), persons living in the same households, and the families (spouse, parents, children and siblings) or household members of each. Void where prohibited or restricted by Residents of Puerto Rico are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Promotion is subject to all applicable federal, state, and local laws and regulations.
  2. TO ENTER: TO ENTER THE PROMOTION, Gardein consumers must upload a photograph to the Promotion’s official Facebook post from their personal Facebook account demonstrating that they made a recipe using one (1) or more Gardein products anytime during Friday, October 27, 2017 to Tuesday, October 31, 2017. Consumers must upload their photograph within the official Facebook post’s caption. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the email address at the time of entry used to enter the Promotion. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. Entries that are lost, late, incomplete, illegible, or corrupted are void and will not be accepted.
  3. Timing: The Sweepstakes begins on Friday, October 27, 2017 at 6:01 p.m. Mountain Time (“MT”) and ends on Monday, October 31, 2017 at 11:59 p.m. MT (“Promotion Period”). Promoter’s computer is the official time-keeping device for this Promotion.
  4. ENTRY REQUIREMENTS: Entries must comply with these Official Rules and must not defame or libel Sponsor, any Promotion Party, or any third party. Limit one (1) entry per person.  Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by Sponsor in its sole discretion, will be disqualified and will not be eligible for prizes. Sponsor makes the final determination as to which entries are eligible to take part in the Promotion, and Sponsor’s decisions shall be binding.
  5. Alternative Method of Entry: You may also enter each Sweepstakes by emailing the photograph to [email protected] with the subject line “Gardein Trick and Treat Sweepstakes Entry” during the Promotion. There is no donation required to enter the Sweepstakes. Limit of one (1) entry per person.
  6. SELECTION OF WINNER: A total of five (5) prize winners will be selected in a random drawing. The 5 winners will be contacted via direct message on the Facebook account used upon submission. The winners will be instructed to email [email protected] for subsequent details and instructions to claim their prize. Winner will be required to sign Sponsor’s form Winner’s Agreement.  If a potential winner does not provide a valid email address or otherwise cannot be reached, the Prize is returned as undeliverable, or the identity and address of the potential winner cannot be verified, the Prize may be forfeited and a new winner will be randomly selected.  Odds of winning are dependent upon the number of eligible entries received during contest dates.  Sponsor will notify the winner by email with instructions on how to claim the  If a potential winner does not respond and comply with the instructions in the direct message within two (2) days after Sponsor sent the direct message, the winner will forfeit the prize and Sponsor may award the prize to an alternate entrant.  Only three (3) alternate entrants will be contacted.  Except where prohibited by law, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. Due to random selection, there will not be an event of a tie.
  7. PRIZE DESCRIPTION & APPROXIMATE RETAIL VALUE: Each winner will receive a prize pack of five (5) Gardein products, selected at the Sponsor’s sole discretion. Market value of the prize pack is approximately $50.00 USD. No substitution or transfer of the Prize is permitted by the winner. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Limit one (1) Prize per person. The Prize winner will be solely responsible for all taxes, if any, and any expenses not specified related to acceptance and/or use of the Prize. The winner’s name and city may be featured on Sponsor’s Facebook page, Twitter, Instagram, website, and/or any other website or advertising materials related to the Promotion in Sponsor’s sole discretion. There is no cash value attributed to being featured on Sponsor’s page, website, or in any other advertising or marketing materials. In the event the winner is featured on a website or in any publication or advertising, no additional compensation beyond the Prize will be awarded.
  8. SPONSOR’S RIGHTS IN SUBMITTED MATERIALS: By submitting materials and/or information to Sponsor (“Submitted Materials”), you grant Sponsor and its agents the irrevocable and perpetual nonexclusive right to use your name, photographs, and address and to display, print, publish, reproduce, distribute, modify, create derivative works from, promote and provide access to any such Submitted Materials, in any media throughout the world, and without additional consideration. All Submitted Materials must be your original work; may not have been published previously; must not infringe third-party rights; and must be suitable for publication (e.g., may not be obscene or indecent). By submitting any material, you warrant and represent that you have permission from all persons identified or depicted in all Submitted Material, if any, including without limitation from any person who took photos, if any. Sponsor may modify or edit Submitted Materials in its sole discretion. By entering the Promotion, you consent to the use by the Promotion Parties of your name, likenesses (if applicable), Submitted Materials (including photographs, if applicable), and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
  9. RELEASE OF LIABILITY: By participating, you release Sponsor, its subsidiaries, affiliates, partners, employees, directors, and agents, including advertising and promotion agencies, and Facebook, Twitter and Instagram (“Released Entities”), from and against any and all injury, loss, or damage caused or claimed to be caused by, or arising out of, your participation in the Promotion and/or the acceptance, awarding, receipt, use, and/or misuse of the Prize, and you agree that the Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any Prize, except as expressly set forth in these Official Rules. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, you agree that, by entering the Promotion: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. By providing Submitted Materials you agree to defend, indemnify, and hold harmless Released Entities against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of any provision of these Official Rules, including, without limitation, your representations and warranties made herein.
  10. DISPUTES: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Colorado. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
  11. OTHER RULES: Void where prohibited. All federal, state, and local laws apply. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft, or destruction or unauthorized access to or alterations of emails or other Submitted Materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive emails or other Submitted Materials or entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to your or any other person’s computer related to or resulting from participating in the Promotion. By participating in the Promotion, you: (i) agree to be bound by these Official Rules, including all eligibility requirements; and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any contest or promotion it sponsors any person it believes has intentionally violated these Official Rules, or acts in an unsportsmanlike or disruptive manner; and (ii) suspend, modify, or terminate the Promotion if Sponsor believes, in its sole discretion, that malfunction, error, disruption, or damage is impairing or will impair the administration, security, fairness, integrity, or proper conduct of the Promotion. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, OR VANDALIZE THE PROMOTION WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  12. Data Collection/Privacy: Sponsor and the Promotion Parties collect personal information from you when you enter the Promotion. Entering the Promotion constitutes your permission to Sponsor and the Promotion Parties to collect and maintain the data.
  13. WINNERS’ LIST: For the name of the winners (available after November 10, 2017) send a #10 self-addressed, stamped envelope to:

Boulder Brands USA

ATTN: Melissa Matonis

1600 Pearl Street #300

Boulder, CO 80302

Requests for Winners’ List must be received by November 17, 2017.

Sponsored by Boulder Brands USA, Inc.