On Instagram find one of
the Biscuits n’ Besties promotional giveaway posts.
Make a comment on that post telling us about
the group activity or club you are part of.
Make sure to tag @Nutella and
include #BiscuitsnBesties.
For more details see Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of the 50 United States and D.C. who are 21 years of age or older with a valid Instagram account and email account as of the time of entry. Void where prohibited. Sweepstakes begins at 12:00:00 AM ET on 4/22/2024 and ends at 11:59:59 PM ET on 6/16/2024, subject to weekly entry deadlines. Winners selected at random. For complete details, including entry requirements and prizing details/restrictions, see Official Rules available at nutellabiscuitsNbesties.com. Sponsor: Ferrero U.S.A., Inc., Parsippany, NJ 07054.
Ferrero U.S.A., Inc. is the sole sponsor of the Sweepstakes. NBCUniversal Media, LLC and Embassy Row are not the sponsor of the Sweepstakes and are not associated with the administration of the Sweepstakes in any way. Entrants are providing information to sponsor and not to Embassy Row or NBCUniversal Media, LLC.
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO ENTER:
The Nutella Biscuits n’ Besties Social Sweepstakes (the “Promotion” or “Sweepstakes”) begins at 12:00:00 AM (ET) on Monday, April 22, 2024 and ends at 11:59:59 PM (ET) on Sunday, June 16, 2024 (“Promotion Period”).
You may enter on Instagram by (i) commenting on a promotional post telling us about the group activity or club you are part of; (ii) tagging/mentioning the official Nutella USA Instagram account @nutella in your comment; and (iii) using #BiscuitsnBesties in your comment. You must have the Instagram app on your mobile device. If you do not have an Instagram account, you can obtain a free account at https://www.instagram.com. All steps above must be completed to result in an entry.
Submitting an entry using the above method, will result in one entry subject to compliance with these Official Rules. By entering using a mobile device, entry may require data usage or incur data usage charges. Such charges may apply regardless of whether you are successful in posting the entry and entering the Promotion. Check your mobile plan for rates/details before posting an entry. Wireless access may not be available in all areas.
The Promotion is a Random Drawing Sweepstakes, with prize winners selected via random drawing. Entries must comply with the terms of these Official Rules to be deemed a valid entry. For clarity, the content of your submission, provided that it is in compliance with these Official Rules, will NOT affect your ability to enter or your odds of winning prize(s). Limit one (1) entry per person, per entry period outlined in section 4 below . Any attempt to use multiple names or Instagram accounts or other tactics to enter more than once per entry period may result in the disqualification of the Entrant by the Sponsor from the Promotion and all associated entries will be void and will not be accepted. Entries generated by script, macro, or other automated means or with the intent to subvert the entry process will be void. Entries that are copies or re-posts of another entrant’s posts are also void.
All Instagram terms and conditions apply. This Promotion is in no way sponsored, endorsed, or administered by or associated with Instagram.
2. ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia, who are twenty one (21) years of age or older at the time of entry, who have an Instagram account as of the time of entry (each an “Entrant”). Employees, agents, directors and officers of Ferrero U.S.A., Inc. (“Sponsor”), NBCUniversal Media, LLC, Embassy Row, a subsidiary of Sony Pictures Television Inc. (collectively, with NBCUniversal Media, LLC, "Prize Provider” for Grand Prize), Berlin Productions, Inc. (“Administrator”), and (as applicable) any of their respective parents, affiliates, subsidiaries, representatives, prize suppliers, and fulfillment, advertising, marketing and promotion agencies (collectively, the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee/agent/director/officer are not eligible to enter or win. Void in Puerto Rico and where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Promotion. By entering, you agree to these Official Rules, which are binding in all aspects.
3. ENTRY CONTENT GUIDELINES: To result in entry, Entrant’s comment on Instagram must not, without limitation:
Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Promotion, or any other person or entity, or does not comply with these requirements or these Official Rules.
To the extent that your entry includes an endorsement of Nutella you represent and warrant that the entry is truthful in all material respects and accurately references your actual experience in using the product.
Subject only to those rights retained by Meta Platforms, Inc. (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the post in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. The preceding includes but is not limited to Sponsor’s possible use of entrant’s post; and, to this end, the preceding includes entrant’s grant and license to the post individually as well as his/her grant and license as to any compilation within which Sponsor may choose to include such post. Nothing herein in any way obligates Sponsor to make any use of a given entrant’s post (individually or as part of a compilation); and, in refraining from doing so, Sponsor will not incur liability of any kind under any legal theory. Entrant further agrees, upon Sponsor’s request and without compensation, to use commercially reasonable efforts to assist Sponsor in obtaining a similar grant of rights from other individuals included in and/or involved in the creation of his/her post (to the extent applicable).
ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR PRIZE PROVIDER FOR GRAND PRIZE IN ANY MANNER. SPONSOR AND PRIZE PROVIDER FOR GRAND PRIZE DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. WITHOUT LIMITATION, SPONSOR AND PRIZE PROVIDER FOR GRAND PRIZE HAVE NOT REVIEWED ANY ENTRIES COMMENTS PRIOR TO POSTING BY ANY ENTRANT AND SUCH POSTING BY AN ENTRANT AS WELL AS ANY RE-POSTING OF SAME BY SPONSOR AND/OR PRIZE PROVIDER FOR GRAND PRIZE DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH ENTRY BY SPONSOR OR PRIZE PROVIDER FOR GRAND PRIZE.
Sponsor may acknowledge receipt of entry, including by commenting upon or re-posting them (individually or as part of a compilation). Should Sponsor choose to do so, any such acknowledgment merely indicates that the entry has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Promotion.
Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete, incorrect, or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Instagram account/handle used to enter the Promotion will be deemed to be the entrant.
4. SELECTION OF WINNERS: Potential Prize winners will be selected via random drawing by the Administrator, an independent judging organization, whose decisions are final and binding in all matters relating to the Sweepstakes. Drawings will be conducted from among all eligible entries received for each individual entry period only (see chart below). Twelve (12) potential winners will be randomly selected in each weekly entry period (see entry period chart below). There will be eight (8) weekly entry periods for a total of ninety six (96) potential weekly winners. (Grand Prize drawing will include all eligible entries for the entire Promotion Period. Entries will not be retained for subsequent entry periods but WILL be retained for the Grand Prize random drawing. A given entrant may only win one weekly prize in the Promotion. Odds of winning a prize will depend upon the total number of eligible entries received for the applicable random drawing.
Entry Period |
Start Date (12:00:00 a.m. ET) |
End Date (11:59:59 p.m. ET) |
Approximate Drawing Date |
1 |
4/22/2024 |
4/28/2024 |
4/29/2024 |
2 |
4/29/2024 |
5/5/2024 |
5/6/2024 |
3 |
5/6/2024 |
5/12/2024 |
5/13/2024 |
4 |
5/13/2024 |
5/19/2024 |
5/20/2024 |
5 |
5/20/2024 |
5/26/2024 |
5/28/2024 |
6 |
5/27/2024 |
6/2/2024 |
6/3/2024 |
7 |
6/3/2024 |
6/9/2024 |
6/10/2024 |
8 |
6/10/2024 |
6/16/2024 |
6/17/2024 |
5. NOTIFICATION OF WINNERS.
AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Potential winners will be notified via direct message (i.e., private message) on Instagram. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM Nutella USA (i.e., @nutella; or Administrator [identified at time of message]).
THE DIRECT MESSAGE WILL CONTAIN PRIZE CLAIM INSTRUCTIONS.
For Prizes: Direct message will contain a secure link for entrant to provide mailing information. A response is required to such notification within 24 hours from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified. In the notification, potential winner will be directed to a prize acceptance form via secure url where he/she will provide his/her additional contact information (e.g. e-mail, name, street address [no PO boxes], city, state and zip code**) for purposes of winner verification and prize claim.
In the event a potential winner cannot be contacted, fails to timely comply with applicable prize claim instructions, he/she is disqualified for any other reason or if the prize/prize notification material is returned as undeliverable to winner, the prize will be forfeited, and Sponsor may choose an alternate potential winner from among remaining eligible entries received for the applicable random drawing.
IMPORTANT NOTE: POTENTIAL WINNERS WILL ONLY BE NOTIFIED VIA DIRECT MESSAGE ON INSTAGRAM BY THE OFFICIAL @NUTELLA ACCOUNT. PLEASE BE AWARE OF IMPOSTER PAGES FALSELY ADVISING ENTRANTS OF THEIR SELECTION AS WINNERS VIA COMMENTS ON SOCIAL MEDIA PAGES.
THE WINNER NOTIFICATION DIRECT MESSAGE WILL NOT ASK FOR YOUR CREDIT CARD INFORMATION OR FOR YOU TO MAKE ANY PAYMENT (VIA GIFT CARD OR OTHERWISE) IN CONJUNCTION WITH YOUR SELECTION AS A POTENTIAL WINNER. IF YOU RECEIVE A NOTIFICATION WITH ANY SUCH REQUEST, IT IS NOT LEGITIMATE AND CONSTITUTES AN ACT OF FRAUD. DO NOT RESPOND TO ANY SUCH REQUEST. PLEASE ADVISE SPONSOR OF ANY SUCH FRAUDULENT ACTIVITY @NUTELLA AS WELL AS ALERTING THE APPROPRIATE AUTHORITIES.
**Only a street address in the (50) United States or the District of Columbia will be accepted, and prize/prize notification material will only be delivered to such address (if potential winner is verified as being eligible and in full compliance with these Official Rules).
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
GRAND PRIZE: There will be one (1) prize awarded (“Prize”) to the Winner. Prize will consist of a trip for Winner and one (1) guest ("Guest") to attend a live taping of Watch What Happens Live with Andy Cohen, date and time to be determined at the sole discretion of Prize Provider, at a venue in the United States to be determined (“Event”) (collectively, “Trip”). Trip will include the following: (a) roundtrip air transportation for Winner and Guest from a major airport located within the United States near Winner’s place of residence (as selected in Sponsor’s/Prize Provider for Grand Prize’s sole discretion) to a major airport located near the Event, (b) two (2) nights’ hotel accommodations in a standard/double occupancy room (as selected in Sponsor’s sole discretion) for Winner and Guest at Event location; (c) roundtrip transfers for Winner and Guest in between the airport and hotel at Event location; (d) two (2) tickets for Winner and Guest to the Event; (e) Nutella Biscuits n’ Besties kit
Prize does not include incidental charges, extras, and/or gratuities. Prize does not include alcohol. Additional restrictions may apply. Reservations are subject to availability. Prize is subject to blackout dates, including holiday days, and other dates as determined in Sponsor’s/Prize Provider for Grand Prize’s sole discretion. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or Prize Provider for Grand Prize.
Prize is subject to certain terms and conditions as specified by issuer. Restrictions may apply. PRIZE DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION BEYOND THAT SPECIFIED ABOVE.
If Winner chooses to partake in any portion of the Prize with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsor’s/ Prize Provider for Grand Prize’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited without compensation of any kind. Winner and Guest must be at least twenty-one (21) years of age at the time of Prize redemption in order to attend Event. Winner and Guest will be required to sign additional legal releases at the time of Prize redemption in order to participate in the Event. Winner and Guest must agree to comply with all health and safely guidelines and restrictions provided by Prize Provider.
Estimated Retail Value (“ERV”) of Prize is three thousand five hundred fifty and 00/100 dollars ($3,550). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. , ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. For any Prize with a fair market value (“FMV”) of six hundred dollars ($600) or greater, Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the FMV of Prize for the year in which Prize was made available to Winner.
All details of Prize will be determined in Sponsor and Prize Provider’s sole discretion. Sponsor reserves the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined in Sponsor’s sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsor’s sole discretion.
TRAVEL: Trip must be completed by December 15, 2024 (or on such other date designated in Sponsor’s sole discretion) or Prize will be forfeited. The Trip awarded to the Winner must be taken within dates designated by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Certain travel restrictions and blackout dates may apply. Sponsor has the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. If Winner resides within one hundred (100) miles of Trip location, Sponsor reserves the right in their sole discretion to substitute ground transportation and/or parking for air transportation. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsor is not liable for expenses incurred due to flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation, any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation, security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Winner must be able to attend Event, to be determined, or Event portion of Prize will be forfeited. Sponsor and Prize Provider for Grand Prize shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s/ Prize Provider for Grand Prize’s control and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change due to production exigencies of Watch What Happens Live with Andy Cohen and/or other factors; such changes may apply even AFTER Winner has been advised of Event date and/or travel has been booked. Event is subject to cancellation. Winner and/or Guest, if any, must comply with all applicable venue rules and regulations in connection with Prize.
Prize Provider for Grand Prize will determine the seat location at Event. Tickets to Event are subject to terms/conditions of Prize Provider for Grand Prize as indicated thereon and, without limitation, may only be used by Winner and Guest. Any re-sale, transfer or use of tickets to Event by any other persons is strictly prohibited. Tickets to Event have no value and, if Event cannot be conducted as intended for any reason, the remaining elements of the Grand Prize shall represent the entire liability of Sponsor and Prize Provider for Grand Prize to Winner and Guest.
All parts of the Prize are subject to availability, and subject to change or cancellation without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfillment of all or a portion of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Sponsor in their sole and absolute discretion, reserves the right to evaluate, make modifications to, and restructure the redemption and fulfillment processes and timelines for the Prize, or portion thereof, that Sponsor is responsible for, which may include, but is not limited to, providing additional time for redemption and/or fulfillment. Sponsor may modify and/or restructure the Prize or portions thereof to comply with government orders or guidelines and Sponsor’s and/or Prize Provider for Grand Prize's health and safety requirements. In addition, Winner and Guest should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before traveling. Should the Prize, or a portion thereof, become unavailable Sponsor and Prize Provider for Grand Prize shall make reasonable efforts to provide Winner with substitute experiences and/or items of a similar nature and value for that portion of the Prize that is unavailable. If no substitute prizing is reasonably available then the remaining components, if any, of the Prize shall constitute full satisfaction of Sponsor’s/ Prize Provider for Grand Prize's Prize obligation to Winner, and no other or additional compensation will be awarded.
Prize fulfillment and related activities will take place on a date and time designated by Sponsor and only when and in a manner that it is safe to do so, as determined in Sponsor’s sole discretion in consultation with appropriate health and safety experts. Winner and Guest, if any, must follow all instructions given by representatives of Sponsors and/or Prize Provider for Grand Prize at all times.
In connection with any visit to any location in connection with the Prize, please be advised that Sponsor’s and/or Prize Provider for Grand Prize's policies, CDC guidelines, and the recommendations of health officials must be followed. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor and Prize Provider for Grand Prize cannot guarantee that any person will not be exposed during a visit.
If required, Winner and Guest, if any, must cooperate with Sponsor’s/Prize Provider for Grand Prize’s inquiries related to public health matters and follow Sponsor’s/ Prize Provider for Grand Prize’s related rules and processes, including, but not limited to, disclosures or processes recommended or required by public health authorities to protect the health and safety of Winner, Guest, and others. Winner and Guest may be subject to health screenings (which may include, but are not limited to, temperature checks, symptom screening, lab testing, and/or other medical exams) to be conducted by Sponsor, Prize Provider for Grand Prize, or their designee(s) prior to or during the fulfillment of the Prize and related activities. Failure to fully comply with Sponsors' requests or requirements may result in forfeiture of the Prize or portions thereof, as determined in Sponsor’s/ Prize Provider for Grand Prize’s discretion.
During a period starting approximately four (4) weeks before participation in activities related to the Prize and ending approximately four (4) weeks after participation in the last of such activities (such period(s) subject to change based on medical guidance, and/or policy guidance), Winner and Guest may be required to inform Sponsor, upon Sponsor’s request, about matters relating to communicable illnesses and safe fulfillment of the Prize and related activities, including, without limitation: (a) medical symptoms; (b) travel history; (c) recent contact with others who have displayed symptoms of or have otherwise been confirmed to have a communicable illness; and (d) active public health orders issued by a civil authority or any similar public health mandate (e.g., order to quarantine, order to stay at home, order to disclose communicable illness) to which Winner and/or Guest are subject.
Grand Prize Estimated Retail Value (“ERV”) of Prize is three thousand five hundred fifty and 00/100 dollars $3,550
Weekly Prizes
Ninety six (96) Weekly prizes consisting of a Nutella Biscuits n’ Besties kit containing the following:
1. One Nutella Biscuits – Nutella Biscuits Product 10.72 Oz. $4.00
2. One Platter - Imprinted with Nutella Biscuits logo. $51.00
3 Two Water Bottles with Stickers - two (2) Water bottles with Nutella and Biscuits n’ Besties branded stickers $56.00
4. One Tote Bag - Custom printed tote bag with Nutella Biscuits branding $22.00
5. One Frame with Stickers - Nutella Biscuits branded frame with stickers. $8.00
Total Nutella Biscuits n’ Besties Kit ARV $141.00 each.
TOTAL ARV OF ALL PRIZES IN PROMOTION: $17,086
7. GENERAL PRIZE RESTRICTIONS: Limit of one (1) Weekly Prize and Grand Prize per person, family, household, Instagram account, or address. No prize transfer or cash redemption allowed except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Any difference between the estimated/approximate retail value and actual value of Prize or any substituted prize will not be awarded. All costs and expenses not specified herein as being awarded are the sole responsibility of Prize Winners. Components of prizes are offered subject to availability. Sponsor shall not be responsible for lost or stolen Prizes, or any part thereof or any issues arising out of or in connection with Winner’s use of a Prize, or any part thereof. In no event will more than the stated number of prizes be awarded. Sponsor and Administrator are not responsible for any change of potential winner’s home address, Instagram account (as applicable) or if such account (for potential winner) is incomplete or otherwise defective. Sponsor reserves the right to award prize via multiple shipments. Winner must either accept prize in its entirety or not at all; and, if prize is declined, winner will not receive any alternate prize component or compensation of any kind.
8. GRANT of Rights: By submitting an Entry, Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered. The entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their Entry. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may later request the assignment. The Entrant may be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Entrant may now or later have (as the case may be). By submitting an entry, Entrant explicitly acknowledges that his/her first name, last initial, city, and state (as applicable) may be posted on the Website and the social media sites of Sponsor as well as possibly included as part of a compilation as discussed above. Any such posting (or inclusion as part of a compilation) shall NOT constitute any representation that the Entry is eligible or that it has been selected as a potential Winner in the Promotion.
9. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant's participation in or attempt to participate in the Promotion, or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of www.nutellabiscuitsNbesties.com or any other promotion-related website or of a given entrant’s Instagram page or the official Nutella USA Instagram page in whole or in part for any reason (including filtering or other operation of the Instagram social media platform); (h) traffic congestion on the Internet, on Instagram, www.nutellabiscuitsNbesties.com, or any other promotion-related website; (i) unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry procedure and/or the prize claim procedure , whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an email address or Instagram account/handle used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries or prize claims (as applicable), the announcement of the prizes or any Promotion-related materials. Use of www.nutellabiscuitsNbesties.com or any other promotion-related website as well as the Instagram social media platform is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person's computer or mobile phone resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of materials for/implementation of the Promotion.
10. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering the Promotion, each Entrant agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, city and state of residence, photographs and/or likeness, and post for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, except where prohibited by law; (b) that Sponsor and its designees shall have the right and permission to (i) alter, amend, edit or change Entries, including the post, prior to distribution and (ii) use, distribute, reproduce, alter, amend and copyright Entries, including any post, submitted as an entry of the Promotion for purposes of advertising and trade without compensation, unless prohibited by law; (c) to release the Released Parties as well as Meta Platforms, Inc. from all liability and to indemnify, defend and hold harmless the Released Parties as well as Meta Platforms, Inc. from and against any claim, action, liability, loss, injury or damage to Entrant, or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant, or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of any Prize (or any part thereof), (ii) participation in or administration of this Promotion, (iii) the use (or non-use) of any entry or any of the rights granted herein; (iv) defamation, violation of right of publicity or right of privacy; and (v) any element of this Promotion; (d) to assume all liability for any injury or damage related to (c) (i)-(v); (e) to be bound by the Official Rules (f) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (g) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (h) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (i) that New York law (without regard to principles of conflict of law/choice of law) shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion if Sponsor suspects fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any other similar causes or factors beyond Sponsor's reasonable control could corrupt, impair, or compromise the administration, security, integrity, or fairness of the Promotion (or portions thereof), as determined by Sponsor in its sole discretion. Should the Promotion (or any portion thereof) be cancelled or terminated for any of the above reasons, the Promotion will be conducted in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event the Promotion is cancelled or terminated, notice will be posted on www.nutellabiscuitsNbesties.com and on the official Nutella USA page on Instagram. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials, including without limitation, the official Nutella USA page on Instagram, www.nutellabiscuitsNbesties.com or any other promotion-related website and the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including the post becomes property of Sponsor.
Any damage made to Nutella USA page on Instagram, www.nutellabiscuitsNbesties.com or any promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Any Entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor/Administrator. Sponsor/Administrator reserve the right, in their sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the entry process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted (i.e., more than one [1] entry per entry period), and/or if Sponsor suspects that an Entrant attempted to enter/obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
11. NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE WWW. www.nutellabiscuitsNbesties.com OR ANY OTHER PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy at www.nutellabiscuitsNbesties.com. By participating in the Promotion, 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.
13. 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 PROMOTION AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THIRTEEN DOLLARS ($13.00). WITHOUT LIMITING THE FOREGOING, THIS PROMOTION IS 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. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED (IN WHOLE OR IN PART) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC/EPIDEMIC, WEATHER, TERRORISM OR SUPPLY CHAIN ISSUES. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Notwithstanding anything to the contrary herein, any disputes involving Embassy Row shall be governed by the laws of the State of California (but not its conflict of law principles). To the fullest extent permissible by law, the parties agree that any controversy, claim or dispute will be submitted to final and binding arbitration before a single, neutral arbitrator (who shall be knowledgeable in and have experience in the television industry) in Los Angeles, California, conducted by JAMS according to the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedures (including its optional appeal procedure) in effect at the time the request for arbitration is made. The arbitrator shall follow California law and the Federal rules of evidence in adjudicating the dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California State or Federal Court with experience in matters involving the entertainment industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County applying California law. The parties give up all rights to a trial by jury.
14. WINNERS’ LIST: You may request a winners’ list by mail by sending a self-addressed stamped envelope to Nutella Biscuits n’ Besties Sweepstakes c/o Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598. Requests must be received by August 1, 2024.
15. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054
Ferrero U.S.A., Inc. is the sole sponsor of the Sweepstakes. NBCUniversal Media, LLC and Embassy Row are not the sponsor of the Sweepstakes and are not associated with the administration of the Sweepstakes in any way. Entrants are providing information to sponsor and not to Embassy Row or NBCUniversal Media, LLC.
16. ADMINISTRATOR: Berlin Productions, Inc., 870 Locke Ln, Yorktown Heights, NY 10598.
© 2024 Sponsor: Ferrero U.S.A., Inc. All rights reserved.