NECESSARY TO ENTER OR
Eligibility. The Nutella Tour City Challenge
(the “Challenge”) is open only to legal residents of the forty-eight (48)
contiguous United States and the District of Columbia who are eighteen (18)
years of age or older as of time of entry.
2. Promotion Period. Challenge begins on September 21, 2012 at 12:00:01 am Eastern Time (“ET”) and ends on December 15, 2012 at 11:59:59 pm ET (the “Promotion Period”). The Twitter date/time stamp will be the official timekeeper for this Challenge.
If you post updates to or receive updates from Twitter.com via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. Please consult your wireless-service provider regarding its pricing plans.
This Challenge is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. or Facebook, Inc.
4. Challenge Entry Requirements. Each Entrant represents and warrants that: (a) his/her Tweets will not infringe on any rights of any third parties; and (b) any third parties referenced in his/her Tweets have given Entrant appropriate consent to be so referenced and used as permitted herein. Tweets (i) cannot contain defamatory statements (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group); (ii) must not include threats to any person, place, business, or group; must not invade or violate the privacy or other rights of any person, firm, or entity; (iii) must not in any way violate applicable federal, state, or local laws and regulations or Twitter Terms of Service as determined by Sponsor, in its sole discretion; (iv) must not contain third party intellectual property, indecent behavior, violence, pornographic language, profanities, obscenities, or otherwise inappropriate language and may not in any way disparage products, persons or organizations associated with Sponsor; (v) must not describe, promote or incite cruelty to animals; (vi) must not describe, promote or provide instruction regarding illegal activities; and (vii) cannot refers, depict, or in any way reflect negatively upon Sponsor, Sponsor’s products or the Challenge. Sponsor reserves the right in its sole discretion to disqualify any entry that, in its sole opinion, violates any of the representations, warranties or terms set forth above in this Section 4 or does not otherwise comply with these requirements or these Official Rules. Tweets must be suitable for presentation in a public forum, as determined in the sole discretion of Sponsor.
Each Tweet sent by an Entrant throughout the Challenge Period must be different from all other previous Tweets sent by Entrant during the Challenge Period, as determined by Sponsor in its sole and absolute discretion, or such Tweet(s) will be subject to disqualification.
5. Prize. Sponsor shall produce and execute one (1) “Nutella Breakfast Tour” event (“Event”) in the City that was named/received the most Eligible Tweets during the Promotion Period (“Winning City”). The Event shall be approximately five (5) hours in length and include the appearance of Nutella®-branded food truck (the “Truck”) at the selected location within the Winning City. In addition, the Truck shall be carrying up to five thousand (5000) 13oz. jars of Nutella® hazelnut spread and other branded promotional merchandise which shall be distributed for free to attendees at the Event (collectively, the “Giveaways”). The Event shall be held on a date between December 16, 2012 and December 22, 2012 which shall be determined by Sponsor in its sole discretion. Total ARV of the Prize: $21,450. The Winning City shall be announced on Sponsor’s Twitter Page, Sponsor’s Facebook page at NutellaUSA (“Sponsor’s Facebook Page”) and Sponsor’s website at www.NutellaUSA.com (“Sponsor’s Website”) on December 16, 2012. The exact date, location within the Winning City where the Event will take place, and start/end times of the Event shall be determined by Sponsor, in its sole discretion, and shall be posted by Sponsor on Sponsor’s Twitter Page, Sponsor’s Facebook Page and Sponsor’s Website at least one (1) day prior to the Event. The Giveaways will be distributed while supplies last and on a first-come first-served basis. Prize consists of only the items specifically included as part of the Prize. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. In the Event of a tie, a random drawing will be conducted by the Sponsor or a third party judging organization (both of whose decisions are final on all matters relating thereto) from among the Cities tied with the highest number of Eligible Tweets received during the Promotion Period (the “Tie-Breaker”). The City selected during the Tie-Breaker shall be deemed the Winning City and receive the Prize. The non-winning City or Cities in the Tie-Breaker shall not receive a prize or any compensation.
6. Prize Restrictions. For avoidance of doubt, each Entrant acknowledges, understands, and agrees that by participating in the Challenge, he/she cannot and shall win any individual prize as part of this Challenge. Instead, the Winning City shall receive the Event produced and executed by Sponsor. Sponsor shall not be responsible if an attendee of the Event does not receive a Giveaway. No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute Prize (in whole or in part) of comparable or greater value, at its sole discretion. Subject to the occurrence of a tie, as described in Section 5 above, in no event will more than the stated number of prizes be awarded. Sponsor shall not be responsible if the Event is delayed, postponed or cancelled due to one of the Force Majeure Events set forth in Section 7 below and shall use reasonable efforts to post such information on Sponsor’s Twitter Page, Facebook Page and Website prior to date/time the Event was planned to occur. Sponsor shall use reasonable commercial efforts to reschedule the Event, should a Force Majeure Event occur, within a short period of time after the occurrence of the Force Majeure Event. However, such efforts to reschedule shall not constitute a waiver of the aforementioned limitation on Sponsor’s liability. Neither the Winning City, nor any potential attendees of the Event nor any Entrants who Tweeted for the Winning City shall receive any compensation should the Event be delayed, postponed or cancelled.
7. Conditions of Participation/General Rules. By entering, each Entrant (or parent/legal guardian if Entrant is a minor in his/her state of residence) agrees (1) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant’s name, voice, city and state of residence, photographs and/or likeness, and Tweets for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without further compensation, permission or notification to Entrant or any third parties, except where prohibited by law; (2) that Sponsor and its designees shall have the right and permission to use, distribute, reproduce, alter, amend and copyright entries, including Tweets, for purposes of advertising and trade (including posting on Sponsor’s websites) without further compensation, unless prohibited by law; (3) to release the Released Parties from all liability and to indemnify, defend and hold harmless the Released Parties 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 (a) attendance at the Event or the possession, use or misuse of the Giveaways (or any part thereof); (b) participation in or administration of this Challenge; (c) the use of any entry or any of the rights granted herein; (d) defamation, publicity or right of privacy; and (e) any element of this Challenge; (4) to assume all liability for any injury or damage related to (3) (a)-(e); (5) to be bound by the Official Rules and the judges’ decisions which are final; (6) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (7) that all causes of action relating to this Challenge will be resolved individually without resort to any form of class action; (8) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys’ fees; and (9) that New York law shall apply exclusively to the Challenge and that any dispute with respect to the Challenge shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Released Parties are not responsible for (1) electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Challenge, including, without limitation, errors which may occur in the materials and postings promoting the Challenge, the administration of the Challenge, calculation and processing of Tweets, the announcement of the Winning City or in any Challenge–related materials; (2) failed, incomplete, undeliverable, garbled, or delayed computer or Twitter transmissions; (3) late, lost, garbled, misdirected, incomplete, stolen, delayed, misdirected or postage-due entries or mail; (4) damage to Entrants’ or any person's computer or the contents thereof; (5) any condition caused by events that may cause the Challenge to be disrupted or corrupted; or (6) any inability of Sponsor to conduct the Event/Prize as planned in the Winning City due to any cause beyond the control of Sponsor, including, without limitation, restrictions of law or regulations; acts of God; fire; flood; epidemic; accident; unusually severe weather; war; acts of terrorism; telecommunications, network or power failures or interruptions; or mechanical or electronic breakdowns (“Force Majeure Events”). Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Challenge if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the administration, security, integrity or fairness of the Challenge (or portion thereof), as determined by Sponsor in its sole discretion, and limit entries to those Tweets submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Challenge is cancelled or terminated, Sponsor reserves the right, at its discretion, to award the prize based on all eligible non-suspect entries received up to time of such action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Challenge materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including Tweets, becomes property of Sponsor.
If an Entrant submits more than the stated number of Tweets permitted, and/or if the Sponsor suspects that an Entrant attempted to obtain additional entries by using multiple Twitter accounts, user IDs, registrations, identities or any other method, all entries submitted by the Entrant will be declared null and void. In the event a dispute arises regarding the content of a Tweet or the submission of Tweet in violation of Sections 1 and/or 4 above, a Tweet will be declared made by the “authorized e-mail account holder” associated with the Twitter account in question. “Authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any damage made to any Challenge-related website will be the responsibility of the authorized e-mail account holder of the Twitter 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. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY
All Twitter terms and conditions apply. Twitter is a registered trademark of Twitter, Inc.
Limitation of Liability; Disclaimer
of Warranties. IN NO EVENT WILL THE RELEASED PARTIES
WITHOUT LIMITING THE FOREGOING,
10. Posting of Winning City. The name of the Winning City will be posted on twitter.com/@NutellaUSA, facebook.com/NutellaUSA and www.NutellaUSA.com after verification thereof, which shall occur on or about December 16, 2012.
11. Sponsor. Ferrero