Official Rules
Butterfinger Influencer Recipe Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
The Butterfinger Influencer Recipe Contest (the “Contest”) starts on August 15, 2020 at 12:00 a.m. Eastern Time (“ET”) and ends on December 31, 2020 at 11:59 p.m. ET (“Contest Period”). The Contest is sponsored by Ferrero, U.S.A. Inc. (“Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.
ELIGIBILITY: Contest is open only to two (2) influencers: Jocelyn Delk Adams and Chelsey White (each, an “Influencer,” collectively, the “Influencers”), who have been invited to participate, residing in the 50 United States or DC. Void where prohibited by law. Contest is subject to all applicable federal, state, and local laws.
HOW TO ENTER: Prior to the Contest Period, the Influencers will be invited to submit one (1) original recipe for the best and most creative use of Butterfinger candy bars as directed by Sponsor (the "Submission"). Recipe must include a minimum of one (1) Butterfinger product.
Sponsor grants each Influencer a limited revocable, non-sub-licensable, license to use the Butterfinger name and products (the “Butterfinger Material”) for the sole purpose of submitting a Submission and each Influencer may make no further use whatsoever of the Submission for any other purpose. In addition, each Influencer agrees that all of the right, title, and interest in Butterfinger Material and all derivative works created using Butterfinger Material (including the Submission) are being conveyed to, and shall vest exclusively in, Sponsor, and Influencer will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to Butterfinger Material except for the limited license granted to each Influencer in these Official Rules is being transferred or created.
Submission must be the original work of the Influencer, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity (except the Butterfinger Material). If the Submission contains any material or elements that are not owned by the Influencer, and/or which are subject to the rights of third-parties, the Influencer is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Submission null and void. By submitting a Submission, Influencer warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Contest and to its use as otherwise set forth herein.
By submitting a Submission, each Influencer hereby grants permission for the Submission to be posted on https://www.instagram.com/butterfinger/ or other websites. Influencers agree that Released Parties (as defined below) are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission. Influencers agree that they will not use the Submission for any other purpose, including, without limitation, posting the Submission to any online social networks, without the express consent of Sponsor in each instance.
Influencers understand and agree that they shall retain all ownership rights in Submission (except for Butterfinger Material); however, by submitting a Submission, each Influencer hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Submission, in whole or in part, online, in print, film, television, or in any other media, or on any Butterfinger product, including, but not limited to on select Butterfinger Baking products, and in any manner, for trade, advertising, promotional, commercial, or any other purposes now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Influencer or any third party, for any purpose whatsoever.
PUBLIC VOTING PERIOD: During the Contest Period, the Submissions will be featured at https://www.instagram.com/butterfinger/ in an Instagram Story (the “Contest Story”). During the Contest Period, individuals who are at least 13 years of age will be invited to log into their Instagram account, visit https://www.instagram.com/butterfinger/, view the Contest Story and vote for their favorite Submission. An Instagram account is required to vote and can be opened for free at www.instagram.com or by downloading the Instagram application onto your smart phone from your appropriate app store.
Limit one (1) vote per person and per Instagram account throughout the Public Voting Period. Votes received from any person or email address in excess of the stated limitation will be void. Influencers are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, Submission that receives the highest number of valid votes during the Public Voting Period, as determined by Sponsor, will be deemed the “Grand Prize winner.” In the event of a tie, a “tie-breaking” judge will determine the Grand Prize winner based on. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. For the purpose of these rules, the Grand Prize winner may be referred to herein as a “winner.” Prize award is subject to verification of eligibility and compliance with these Official Rules.
WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Contest.
Prize (1): The Grand Prize Submission will be printed on select Butterfinger Baking products for as long as the product is in market.
Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.
GENERAL CONDITIONS: By participating, each Influencer agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, and its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, Influencers also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion. If any terms of the Official Rules conflict with any other Agreements in place between Sponsor and Influencer, the terms of such Agreements shall govern over these Official Rules.
LICENSE/USE OF SUBMISSIONS: By submitting a Submission, and to the extent allowed by law, Influencers grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse Influencers Submission, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media or products, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third-party.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled photos, recipes or Submissions; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Submission, the announcement of the prizes, the incorrect uploading of the recipe or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Submission will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Submissions received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the New Jersey, USA. The parties further specifically agree that any action or proceeding arising out of or in connection with the Agreement shall be venued in the federal or state court of appropriate subject matter jurisdiction located in Morris County, New Jersey and consent to the jurisdiction of each of said courts.
SPONSOR: Butterfinger Influencer Recipe Contest, 7 Sylvan Way, Parsippany, NJ 07054.