The 2023 Mondelēz C-Store Super Mario™ x OREO INFLUENCER Sweepstakes

Official Rules

No purchase necessary to enter or win. A purchase will not increase your chances of winning.  By entering the sweepstakes, you agree to these official rules, which are a contract, so read them carefully before entering.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Meta Platforms, Inc (“Meta”) or Instagram. Meta and Instagram are not affiliated with the Sponsor in any way.

Nintendo is not a sponsor, co-sponsor, or administrator of this sweepstakes.

By participating in the “2023 Mondelēz C-Store Super Mario™ x OREO INFLUENCER Sweepstakes” (the “Sweepstakes”), each entrant unconditionally accepts and agrees to comply with, abide by and be bound by these Official Rules and the decisions of Mondelēz Global LLC (“Sponsor”), which shall be final and legally binding in all matters relating to the Sweepstakes.  The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Winning the prize is contingent upon fulfilling all requirements set forth herein.

1. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (“D.C.”) who are eighteen (18) years or older (19 years or older if a resident of AL or NE).

Employees, officers and directors of Sponsor, TMPG (“Administrator”), and their respective parent companies, subsidiaries, affiliates, Sweepstakes and advertising agencies, other companies/persons involved in the design, execution or fulfillment of this Sweepstakes, (including but not limited to Sponsor’s influencer associated with these Official Rules) and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above, are not eligible to enter or win. Winning the prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is void outside the 50 United States and D.C., and where prohibited by law.

2. Sponsor and Administrator: The Sponsor of this Sweepstakes is Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936. The Administrator of this Sweepstakes is TMPG, 777 Westchester Avenue, Suite 101, White Plains, NY, 10604.

3. Timing: The Sweepstakes begins on July 10^th, 2023, at 12:00:00 a.m. Eastern Time (“ET”) and ends on August 31^th, 2023 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes drawing described in Rule 5, below). Entrants are responsible for determining the correct beginning and ending times of the Sweepstakes Period in their respective time zones.

4. Description of Sweepstakes/How to Enter:

You may receive one (1) entry into the Sweepstakes by fulfilling ALL of the following requirements:

1. During the Sweepstakes Period, visit the below post advertising the Sweepstakes and comment with your favorite Super Mario™ X OREO design using BOTH hashtags #SuperMarioOREOSweepstakes #ConvenienceStore as instructed on the below Instagram post. Comments will be not be judged.

1. Tag @Oreo

Post Link: https://www.instagram.com/jdwitherspoon/

Your Comment must comply with the Entry Guidelines and Restrictions set forth below. Your Comment, together with your @mention of Oreo, will be referred to herein as your “entry”.

A personal Instagram account is required to enter and can be opened for free at www.Instagram.com. You may not enter using a shared or corporate account. When you join Instagram, you are indicating that you have read and agree to accept the Instagram Terms of Use and Data Policy. Your Instagram account must be set to “public” in order for your entry to be included in the Sweepstakes and for you to be notified if you are chosen as the winner. You can make your Instagram account “private” any time after the conclusion of the Sweepstakes after the winner has been notified and the prize awarded. All entries become the sole property of the Sponsor and will not be returned. Any acknowledgment of receipt of entry is not otherwise binding upon Sponsor.  All entries must be received during the Sweepstakes Period to be eligible. If any individuals other than entrant and his/her adult friend are mentioned or shown in the comment on the post, entrant must have the permission of such individuals (or of their parents or legal guardians if individuals are minors) to use their names or images in the entry.  Proof of such permission may be required at any time at Sponsor’s sole discretion.

Limit one (1) entry per person/Instagram account for the duration of the Sweepstakes Period.

Any attempt by any individual to exceed the above-indicated entry limit by using multiple/different e-mail or IP addresses, Instagram accounts, postal addresses, identities, or any other methods will void all that individual’s entries and that individual will be disqualified. Use of any automated program or like means to submit an entry will result in disqualification. In the event of dispute as to the identity or eligibility of the potential winner, the winning entry will be declared made by the “Authorized Account Holder” of the Instagram account used to enter the Sweepstakes provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person who is assigned to a Instagram account by Instagram.

If you choose to enter by using your mobile device, standard messaging and data fees may apply. You are therefore advised to consult your wireless rate plan PRIOR TO using a mobile device to submit your entry.  Wireless internet access is not available on all mobile devices or wireless carriers or in all areas. A mobile device is not required to enter the Sweepstakes.

Entry Guidelines and Restrictions.

All entries submitted must comply with the following guidelines:

Entries: must be unique and original, and must be in English; must not contain anything that is known by you to be false, inaccurate or misleading; must not contain or depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination, including without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; must not contain or depict material that is threatening to any person, place, business, group, or world peace or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group; must not contain or depict material that is inappropriate, indecent (including, but not limited to, nudity, or pornography), profane, obscene, hateful, tortious, defamatory, slanderous, libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group), violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, self-harm, etc.), or illegal (e.g., underage drinking, drug, marijuana (in certain states only) or alcohol use or abuse, computer hacking, etc.); must be in keeping with Sponsor’s and Administrator’s images (as determined by Sponsor and Administrator, in their sole discretion); must not disparage persons or organizations associated with Sponsor or Administrator; and  must not reference any of Sponsor’s or Administrator’s respective competitors.

Further, entry cannot contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission from the copyright holder, proof of which may be required at any time. Sponsor and Administrator do not permit the infringement of others’ intellectual property or other rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor or Administrator, is grounds for disqualification from the Sweepstakes. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties (including but not  limited to sports teams’ logos on clothing or elsewhere), or incorporate the names, voices, likeness or personas of any party other than yourself, whether living or deceased, unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor and Administrator (as set forth below).

Entry must not include any background artwork, unless it is an original work of the entrant (any artwork, murals, etc. that can be seen in the entry must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein).

The above list is not meant to be exhaustive. Any entry deemed inappropriate or unsuitable for inclusion in this Sweepstakes, in Sponsor’s and Administrator’s sole discretion, will be disqualified.

Rights Granted.

By submitting an entry, each entrant grants to Sponsor and Administrator a worldwide, royalty-free, perpetual, non-exclusive right and license to use, copy, reproduce, modify, edit, distribute, create derivative works from, and display his/her entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional, marketing, social media, Internet, convention, or training and educational purposes without limitation and without compensation or further notice, and agrees to execute documents confirming such right and license at Sponsor’s or Administrator’s reasonable request. By entering, each entrant warrants and represents that his/her entry is original, complies with the Entry Guidelines and Restrictions set forth above has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances.

Permissions: Entrant must have permission from any recognizable individuals who appear or are mentioned in his/her entry to use their names and likenesses in the entry and to grant the rights set forth herein. Minors may only be included in the entry if they are the children/legal wards of the entrant. If requested, entrant and/or parent or legal guardian must be able to provide such permissions or proof in a form acceptable to Sponsor.

5. Determination of Winner and Notification: On or about September 12^th, 2023, the Administrator will select one (1) prize winner (“Winner”) in a random drawing from among all eligible entries received. The potential prize Winner will be notified between approximately September 13^th, 2023 and September 14^th, 2023 via direct message on Instagram. The Sponsor’s and Administrator’s decisions as to the selection of the potential winner are final and binding. Prize Acceptance Requirements: As a condition of acceptance of the prize, the Winner may be required to execute and submit an Affidavit of Eligibility and Liability/Publicity Release Form (where permitted) in a specified amount of time. If the potential Winner fails to: respond to Sponsor’s initial contact within five (5) calendar days; accept the prize; or return any documents required by Sponsor within the required time period, or if any prize notification is returned undeliverable, or in the event that the potential Winner is disqualified for any reason, the prize will be forfeited and awarded to an alternate potential winner in a random drawing from among all remaining eligible entries received. If necessary, this process will be repeated up to three (3) times, after which the prize will remain unawarded if it is unclaimed.

Winner is responsible for all federal, state, and local taxes and fees associated with acceptance of the prize. The prize is non-transferable, non-refundable, and no substitutions will be made except as provided herein, or in the Sponsor’s sole discretion. The prize is not redeemable for cash. Sponsor reserves the right to substitute a prize of equal or greater value in the event the advertised prize becomes unavailable.  Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Period.

6. Publicity: By submitting an entry, each entrant acknowledges that his/her entry may be used and posted across any and all of Sponsor’s digital and social media assets at any time. Winner agrees that Sponsor may videotape or photograph and use all aspects of his/her entry, (“Footage”) and use this Footage in any way it sees fit.

Entrant waives any moral rights he or she may have to his/her entry and agrees that if Sponsor elects to use the entry for any purpose, all proceeds of such use shall be the sole property of Sponsor. If any use by Sponsor of an entry causes Sponsor to be liable to any third party, entrant agrees to indemnify Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties, including but not limited to the Administrator, from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which Sponsor may incur as a result of Sponsor’s use of the entry.

Release, Liability and Force Majeure Clause: By participating in the Sweepstakes, entrants agree, to the fullest extent of the law, to release and hold harmless Sponsor, Administrator, Instagram and their respective parents, subsidiaries, affiliates, and the directors, officers, employees, agents, representatives, and website providers of each of the foregoing, (the “Released Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Sweepstakes(including, to the extent  permitted by applicable law, punitive, incidental or consequential damages). By participating in this Sweepstakes, 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 acceptance, possession, misuse, or use of the prize (if applicable), submission of an entry, or participation in this Sweepstakes or in any Sweepstakes-related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The Released Parties are not responsible if the prize cannot be awarded (or cannot be awarded on a certain date) due to cancellations, delays, or interruptions resulting from acts of God, acts of war, natural disasters, weather, terrorism, pandemic, epidemic or any other such cause.

Without limiting the foregoing, some jurisdictions may not allow the limitations or exclusions of liability for punitive, incidental or consequential damages or exclusion of implied warranties, so some of the limitations or exclusions above may not apply to you. Check your local laws for any such restrictions or limitations.

7. Prize. One (1) prize will be awarded, consisting of one (1) Prize Pack including a Nintendo Switch™ OLED Model, three games to go with it, (Super Mario Bros.™ U Deluxe, Super Mario™ 3D World + Bowser’s Fury, and Super Mario Odyssey™ 2), an X Rocker® Super Mario™ Spotlight Floor Rocker Gaming Chair, OREO swag, $100 Gift Card for future Convenience Store Snack purchases.

The prize is awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, by Sponsor).

SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR IMPLIED WARRANTIES SO THE LIMITATION AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY SUCH RESTRICTIONS OR LIMITATIONS.

No more than one (1) prize will be awarded. If more than one (1) prize notification is issued, the one (1) intended prize will be awarded from among all recipients of such notifications.

8. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (a) technical or human error which may occur in the administration of the Sweepstakes or the transmission, receipt or processing of entries, including but not limited to such errors related to the Instagram platform; or (b) 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 the prize (if applicable).

Sponsor will not be responsible for typographical, printing or other errors, errors in the announcement of the prize winner or other inadvertent errors in these Official Rules or other materials relating to the Sweepstakes.

9. Governing Law & Disputes.

Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction  in the State of New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes,  but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant, Sponsor and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern, and control.

10. Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy https://www.mondelezinternational.com/Privacy-Policy.
11. Winner’s Name: For the name of the winner, mail a self-addressed stamped envelope to “2023 Mondelēz C-Store Super Mario™ x OREO INFLUENCER Sweepstakes” Winner List Request, 777 Westchester Ave, Suite 101, White Plains, NY 10604. Requests must be received by October 12^th, 2023. Winner’s name will be available after winner has been confirmed.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or Administrator only, and NOT to Meta or Instagram.