Black Forest Bear Heart Tree 2021 Sweepstakes Official Rules

THE BEAR HEART TREE 2021 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 Co. and not to Instagram. The information you provide will only be used in the event you are determined a Sweepstakes winner.

  1. SWEEPSTAKES PERIOD: The Bear Heart Tree 2021 Sweepstakes (the “Sweepstakes”) starts May 16, 2021 at 12:00 a.m. Eastern Time (“ET”) and ends May 25, 2021 at 11:59 p.m. ET (“Sweepstakes Period”). Each day of the Sweepstakes Period will be an entry period (each, a “Daily Entry Period”). Each Daily Entry Period will begin at 12:00 a.m. ET and end at 11:59 p.m. ET each day during the Sweepstakes Period.
  2. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of date of entry, who possess a web enabled mobile device as of May 15, 2021. Employees of Ferrara Candy Co. (the “Sponsor”), Don Jagoda Associates, Inc., their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.
  3. HOW TO ENTER: During the Sweepstakes Period, you may enter on your web enabled mobile device using the Instagram application (the “Site”) and uploading a photo of a tree including the hashtags #🐻❤🌲 and #sweepstakes and tagging @blackforestusa in the caption of the post (the “Submission”). Your Submission must be uploaded in accordance with the Instagram Terms of Use (http://instagram.com/about/legal/terms/). You must have an Instagram account to enter and have your privacy settings set to “Off”. Potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the entry. All entry components submitted and Submissions uploaded (as applicable) shall herein be referred to as (the “Entry”).  Entries will not rollover to subsequent random drawing(s). You may use only one (1) Instagram account ID to enter. The person uploading the Entry will be deemed the entrant (the “Entrant”). The Entrant must be the only person depicted in the Entry. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Site account submitted at the time of Entry will be deemed to be the Entrant. "Authorized account holder" of a Site account is defined as the person who is responsible for joining the Site and who manages the e-mail address associated with the Site account.  The Entry must: 1) be complete to be eligible; 2) be the property of the Entrant. Sponsor has the sole discretion to determine whether a Submission qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you understand and agree that your Submission may (in Sponsor’s sole discretion) be posted online for consumers to view on Sponsor-selected sites. Sponsor will only be posting select Submissions (in their sole discretion). Sponsor reserves the right to remove any posted Submissions, in its sole discretion, even if the Submission has already been made available to the public. Participation is subject to disqualification of all Entries, if 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 Black Forest), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Sponsor may blur or black out the infringing material, in their sole discretion. Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and winner acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Instagram is not affiliated with this in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prize. 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, 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 DRAWING: The prize winners will be selected in separate random drawings on or about the next weekday after each Daily Entry Period ends, from among all eligible Entries received for each applicable Daily 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 Daily Entry Period.
  6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prize (100 total – 10 per each Daily Entry Period): One hundred (100) trees planted in the winner’s name along with a certificate that shows the National Forest Foundation and Black Forest have planted 100 trees in their name. (ARV: $100 each). Prizes are nontransferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value. It is winner’s discretion and responsibility to assume any applicable federal, state, and local tax liabilities/tax benefits of accepting the prize/donating to the charity.
  7. GENERAL: The Site’s computer timestamp is the official timekeeper for purposes of this Sweepstakes. Potential winners will be initially notified by direct message on Instagram, and each potential winner must follow the instructions outlined in the direct message within 48 hours of notification attempt.  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 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 Entries. Winners and all Entrants, as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor and its Administrators, 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 (collectively the “Released Parties”) 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. 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 winners’ names, likenesses, Entries and Submissions 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 Instagram account or email address associated with the Entry. 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. 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 from eligible Entries received per Daily Entry Period prior to cancellation as outlined above. 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 prize 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.
  8. 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, will be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award will 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 Entrants 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.
  9. ENTRANTS’ PERSONAL INFORMATION: Information collected from Entrants is subject to Sponsor’s Privacy Policy, located at https://www.ferrarausa.com/privacy-policy.html.
  10. WINNERS: For the names of the winners (“Winners List”), available for ninety (90) days after June 7, 2020, send an email to: Winners@dja.com with The Bear Heart Tree 2021 Sweepstakes 01-2687-17 as the subject line. Winners List will be sent after the prizes have been awarded.
  11. 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.