BRACH’S® CANDY CORN SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Ferrara Candy Company and its consultants, not to Instagram. The information you provide will only be used in the event you are determined a Sweepstakes winner.
1. ELIGIBILITY: The Brach’s Candy Corn Sweepstakes (the “ Sweepstakes”) is open to legal residents of the 50 United States and the District of Columbia, who are at least 18 years of age and the age of majority or older in their state of residence as of date of Entry and possess a web-enabled mobile device as of 9/7/22. Employees and their immediate family members (and those residing in the same household regardless of whether or not they are related) of Ferrara Candy Company (“Sponsor”), Don Jagoda Associates, Inc. (“ Administrator”), Day One Agency, and each of their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies and their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development, evolvement and execution of this Sweepstakes (collectively, the “ Released Parties”) are not eligible to participate or win. Sweepstakes is subject to all applicable federal, state and local laws and is void where prohibited.
2. ENTRY PERIODS: There are multiple entry periods. The Sweepstakes begins once the first Post (defined below) goes live from September 8, 2022 through October 6, 2022 at 11:59 p.m. Eastern Time (“E T”) (“Sweepstakes Period”). The Sweepstakes Period will be broken out into four (4) separate entry pools (each, an “Entry Period”), as follows:
a. Four (4) Entry Periods, each running from the date/time the influencer post(s) goes to live and ends as stated below in the chart.
3. HOW TO ENTER: During the Sweepstakes Period, various influencers listed above (each, an “Influencer”) will each make a co-Post on Instagram with the @brachscandy Instagram account (the “ Post”) during the Sweepstakes Period, asking consumers to express their love for Brach's Candy Corn and use the hashtag #TeamCandyCorn AND #BrachsSweepstakes, and tag one (1) friend (as outlined in the Post) to receive one (1) entry (“Entry”) into the corresponding Influencer’s Entry Period’s drawing. To be entered into the corresponding random drawing for @michellewilliams, you may comment on either her original Post (which is a co-Post) as well as any one of the three (3) paid Posts she makes from the @brachscandy Instagram account (which will not be a co-Post and will only be from the @brachscandy account and supported by paid media). You must use the hashtags #TeamCandyCorn AND #BrachsSweepstakes and tag one (1) friend for your Entry to be eligible. Your Entry must include both of the correct hashtags to be eligible. Entries must be received by the end date/time specified in the Influencer’s Post to be included in the appropriate Influencer’s Entry Period’s drawing. You may only use one (1) Instagram account to enter. Multiple entrants are not permitted to share the same Instagram account to submit an Entry. Entries in excess of that limit will be disqualified if discovered by Sponsor. You must have a non-private Instagram account to enter and have your account privacy setting set to “Off”. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at the appropriate app store. Potential winners may be required to show proof of being the authorized account holder of the Instagram account associated with the Entry. Limit one (1) Entry per person, per Post. The person uploading the Entry will be deemed the entrant (the “Entrant”). In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Instagram account submitted at the time of Entry. "Authorized account holder" of an Instagram account is defined as the person who is responsible for joining Instagram and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules will be disqualified. Participation is subject to disqualification of all Entries, if Sponsor discovers that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply.
4. Entry Requirements: By entering, you agree to waive any rights you may have to the Entry submitted. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third-party materials (other than Sponsor-owned brands), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and winners acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Entry (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Entry. By submitting an Entry, each Entrant represents and warrants that the Entry meets all of the submission requirements set forth herein and that the distribution, reproduction, display and any other uses of any part of the Entry by Sponsor as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Released Parties harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by Entrant or of these Official Rules. Instagram is not affiliated with this in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prizes. No endorsement or approval of Sweepstakes by Instagram is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website, social media accounts, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
5. RANDOM DRAWINGS: One (1) Prize winner per Entry Period [four (4) total] will be selected in separate random drawings on or about two (2) days after the end date specified on each Influencer’s Post(s), from among all eligible Entries received for the applicable Influencer’s Entry Period. The random drawings will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the drawings. Odds of winning a Prize are dependent upon the number of eligible Entries received for each Influencer’s Post(s) during their corresponding Entry Period.
6. WINNER NOTIFICATION AND VERIFICATION: Sponsor will attempt to notify potential winners by direct message on Instagram, and each potential winner must follow the instructions outlined in the direct message within 48 hours of notification attempt. Each prize winner will be sent via email/email link a Declaration of Eligibility, Liability & Publicity Release (where legal) and Assignment of Rights (“Declaration”) and will be required to complete, sign and return Declaration within four (4) days of being notified in order to claim their prize. If potential winner does not follow the instructions outlined in the direct message within 48 hours of the first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner is not in compliance with the Official Rules (including eligibility requirements), and/or if potential winner fails to sign and return any required documents or provide required identification by the deadlines set by Sponsor, that potential winner may be disqualified and an alternate potential winner may be selected by random drawing from among remaining eligible, non-winning entrants from that Entry Period, time permitting. Winners will be sent their prizes via mail within six to eight weeks after winner verification. Winners will be issued a 1099 tax form for the retail value of prize awarded. Return of any prize or prize notification as undeliverable or failure to reply to direct message may result in disqualification and an alternate potential prize winner will be selected.
7. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): There are four (4) total prizes, one per Entry Period. Each winner will receive one (1) Brach’s Candy Corn prize pack consisting of: BRACH’S Candy Corn, BRACH’S branded apparel, Halloween décor, and a $2,000 check, made payable to the winner (ARV: $2,500 each). The total ARV of all prizes is $10, 000.
Limit one prize per person. Prizes are awarded “as is” without any warranty or guaranty of any kind. Prizes are nontransferable, and no substitutions are allowed except by the Sponsor, which reserves the right to award a prize of equal or greater value. An IRS form 1099 and other tax-related forms and documents will be issued by Sponsor as required by law. All properly claimed prizes will be awarded provided a sufficient number of eligible Entries are received per Entry Period, but under no circumstances will more than the advertised number of prizes be awarded.
8. GENERAL: Prize winners and all Entrants, as a condition of entry into the Sweepstakes agree to release and hold harmless Released Parties, Instagram, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Prize winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or redemption of the prize. Acceptance of prize constitutes permission to use Prize winners’ names, likenesses, and Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Entries will be declared to be made by the authorized account holder of the email address associated with the Entrant’s Instagram account. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or other materials used in connection with the Sweepstakes, the terms of these Official Rules will govern. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will award the prizes in random drawings from eligible Entries received for each Entry Period prior to cancellation as outlined above.
9. IN CASE OF DISPUTE. As a condition of entering the Sweepstakes, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes, or prizes awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All Entrants expressly agree that any legal proceedings arising out of or relating in any way to this Sweepstakes or these Official Rules must be brought only in the federal or state courts located in Cook County, Illinois, and Entrant’s consent to the mandatory and exclusive jurisdiction of such courts with respect to any such legal proceedings. This Sweepstakes will be governed and enforced pursuant to Illinois law, excluding choice of law provisions.
11. WINNERS LIST: To receive the names of the winners by email, send an email to: Winners@dja.com with “Brach’s Candy Corn Sweepstakes Winners” as the subject line. Requests must be received within 60 days of the close of the Sweepstakes and by October 20, 2022. Winners’ list will be sent after all prizes have been awarded.
12. SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is Ferrara Candy Company, 404 W Harrison Street, Suite #650, Chicago, IL 60607. The Administrator of this Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, New York 11747.