2020 Choc O’Mint Instagram Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES BEGINS ON MARCH 1, 2020 AT 12:00 AM PACIFIC TIME AND ENDS ON MARCH 31, 2020 AT 11:59 PACIFIC TIME (THE “ENTRY PERIOD”). THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
Eligibility This sweepstakes is open to residents of the United States who are 18 years of age (or the age of majority in their state of residence) or older at the time of entry (each, an “Entrant”), except for employees of the sponsor, Shari’s Management Corporation, 9400 SW Gemini Drive, Beaverton, Oregon 97008 (“Sponsor”), or its affiliates or subsidiaries.. There is no entry fee or purchase necessary to enter or win. This sweepstakes is void where prohibited by law, or where the registration or filing requirements of any state or local jurisdiction have not been complied with.
Entry Entrants may enter using either of the two (2) methods of entry listed below during the Entry Period.
– Instagram Entry: Entrants must have a public Instagram account to enter using this method. If you do not have an account with Instagram, visit www.instagram.com to create a free account according to the instructions on the website. To enter using this method, Entrants must: (i) follow SharisPies on Instagram (www.instagram.com/sharispies) during the Entry Period, (ii) take a photo of Shari’s new Choc O’Mint Shake, and (iii) post the photo to Entrant’s public Instagram account with “@sharispies” tagged in the caption.
Entries, comments and content (including usernames and tags) submitted or uploaded to Instagram in connection with this sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than Entrant, or otherwise infringes on the privacy of any person other than Entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law (collectively, the “Content Submission Requirements”). Any Content Submissions that contain, depict or show such content or that otherwise violate these Content Submission Requirements, the terms of these Official Rules, or Instagram’s Terms of Service will be disqualified. Each Entrant warrants and represents that any Content Submission is original, has not been previously published, 4832-1614-9174.2
Sponsor reserves the right in its sole discretion to disqualify any Content Submissions that Sponsor believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes. If any Content Submission contains an identifiable person other than the Entrant who submitted that Content Submission, such Entrant represents and warrants by submitting that he or she has obtained the consent of any other person to use the Content Submission as outlined in these Official Rules, and acknowledges that such other person may be required by Sponsor to provide written consent to Sponsor’s use of the Content Submission.
By participating, Entrant acknowledges and agrees to clearly and conspicuously disclose that he or she is participating in this sweepstakes in any Content Submission or online interaction that is: i) used to obtain an entry in this sweepstakes or ii) otherwise references this sweepstakes. At minimum, such disclosure should include a reference to “@sharispies” in any social media communication. Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify any Entrant who does not adequately disclose his or her participation in this sweepstakes.
Standard messaging and data rates apply to any use of a mobile device to enter this sweepstakes. You may be charged by your wireless carrier for accessing the sweepstakes website or social media, or otherwise participating in the sweepstakes using a mobile device. Check your wireless carrier’s pricing plan before using your mobile device to participate in this sweepstakes. Not all mobile devices offer wireless internet access and such service may not be available in all areas.
Instagram is a registered trademark of its owner and is used solely for purposes of description of this sweepstakes. Such use is not intended to suggest or imply any sponsorship, endorsement or approval of this sweepstakes by such owner.
– Mail Entry: To enter using this method, submit a 3×5 postcard by mail to Shari’s Management Corporation, 9400 SW Gemini Drive, Beaverton, OR 97008. Any postcard entry must include the Entrant’s first and last name and residential address (no P.O. boxes), handwritten and as they appear on Entrant’s government identification. MAIL ENTRY MUST BE POSTMARKED BY 3/31/2020 AND RECEIVED BY 4/10/2020. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, illegible, postage-due mail, or human or other error that may occur in the receipt or processing of a mail entry. Proof of mailing or attempting to submit an entry is not considered proof of delivery or receipt. Sponsor reserves the right, in its discretion, to disqualify any entry deemed false, fraudulent or deceptive.
By submitting any entry in this sweepstakes, Entrant agrees that Sponsor may contact Entrant via Instagram direct message, tag, or social media post, and name Entrant on Sponsor’s social media page(s) or in announcements and media related to the sweepstakes. 4832-1614-9174.2
Entrant must provide all information required by Sponsor to be eligible to enter and win. Only fully completed entries are eligible. All potential winners are subject to verification before any prize will be awarded.
LIMIT ONE (1) ENTRY PER PERSON AND PER PHONE NUMBER OR E-MAIL ADDRESS. FOR PURPOSES OF THIS SWEEPSTAKES, EACH SOCIAL POST OR MAIL ENTRY SENT IN ACCORDANCE WITH THESE OFFICIAL RULES CONSTITUTES ONE (1) ENTRY.
Winner Selection On or about April 15, 2020, Sponsor will select one (1) potential prize winner in a random drawing from all entries received during the Entry Period. Odds of winning depend on number of entries received.
Winners The potential winner will be notified on or about April 15, 2020 via direct message, e-mail, or phone call using the Instagram handle, e-mail address or phone number used to enter or included in the entry, with information on how to claim the prize. Except where prohibited by law, each potential winner will be required to sign and return, within seven days of a request from Sponsor, an affidavit of eligibility, liability and publicity release or such other documentation as Sponsor may require in order to claim the prize.
If the potential winner fails to respond within forty-eight (48) hours of being notified or fails to sign and return any documentation Sponsor may require within the time period specified by Sponsor for such documentation, or in the event that a potential winner is disqualified for any reason, Sponsor will select an alternate winner in a random drawing from all other entries received during the Entry Period. If Sponsor is unable to verify a potential winner after repeated alternate drawings, Sponsor reserves the right to not award the prize.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. NO ENTRANT IS A WINNER OF ANY PRIZE UNLESS AND UNTIL NOTIFIED BY SPONSOR THAT VERIFICATION IS COMPLETE.
There will be one (1) prize awarded. The prize will grant the winner 12 complimentary whole pie certificates, redeemable at any Shari’s restaurant (approximate retail value $150 USD).
Any and all applicable federal, state, and local taxes and fees or expenses related to acceptance and use of the prize are the sole responsibility of winner. The prize may not be sold, offered for sale, assigned, transferred, photocopied, duplicated, or redeemed or exchanged for cash, merchandise or services, except as Sponsor allows in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the prize or any part thereof with a prize of comparable or greater retail value.
Use of the pie certificates is subject to verification, and will be rejected if not obtained through authorized channels or if any part of any such certificate is determined by Sponsor or an agent or affiliate of Sponsor to be illegible, forged, reproduced, or otherwise tampered with in any way. The pie 4832-1614-9174.2
certificates expire 6/1/2021. Pie certificates may be subject to additional terms and conditions. Sponsor is not responsible and will not replace any lost or stolen prize or component thereof.
General Terms and Conditions
By entering, Entrants fully and unconditionally agree to these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process or the legitimate operation of this sweepstakes; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor reserves the right to cancel, suspend, or modify the sweepstakes if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of this sweepstakes, as determined by Sponsor.
In the event of a dispute over who submitted a winning entry, the authorized account holder of the Instagram account used to enter will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized account holder to the Sponsor.
All entries become the property of Sponsor and will not be acknowledged or returned.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT WHERE PROHIBITED BY LAW, ENTRANTS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY) THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF ENTRANT’S NAME ON SOCIAL MEDIA OR TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
websites (including, without limitation, social media sites) associated with this sweepstakes, with or without first and/or last name credit to the Entrant and without any additional consideration or approvals from or to Entrant; and Content Submissions that attempt to restrict this right will not be eligible. Entrant hereby grants to Sponsor and its legal representatives, successors and assigns, an irrevocable, and world-wide license to use, exploit, publish, use, disclose, disseminate and distribute in perpetuity any Content Submission in any form or format and to modify, edit, or reproduce the same, and acknowledges and agrees that if Sponsor does use the Content Submission, Entrant shall not be entitled to any credit, consideration, notice or payments of any kind. Upon request from Sponsor, Entrant will execute any documents requested to evidence this license. Entrant agrees that if Sponsor elects to use any Content Submission for any purpose, all rights under copyright or other intellectual property rights which may result from that relating to Entrant’s Content Submission or from use of the same by Sponsor shall be the sole property of Sponsor. Entrant agrees to indemnify Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of Sponsor’s use of Entrant’s Content Submission.
LIMITATION OF LIABILITY AND RELEASES
By participating, Entrants agree that Sponsor, Instagram, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for:
(1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the sweepstakes; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process; (4) technical or human error which may occur in the administration of the sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the sweepstakes or receipt or use or misuse of any prize.
BY PARTICIPATING, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE,OR ANY OTHER SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE INSTAGRAM.COM/SHARISSPIES/ OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE OR MOBILE APP, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING 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 4832-1614-9174.2
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
This Sweepstakes is governed by the laws of the United States. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this sweepstakes not to exceed $50 USD, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with this sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
For a copy of the Official Rules, visit https://www.sharis.com/shake-lp/. For the identity of the winner, available after 04/15/2020, contact Shari’s Management Corporation, ATTN: Marketing Dept., 9400 SW Gemini Drive, Beaverton, Oregon, 97008.
Copyright ©2020 Shari’s Management Corporation. All rights reserved.