For more details see Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of the 50 U.S. and D.C. who are 18 years of age or older with a valid Instagram account and email account as of the time of entry. Void where prohibited. Sweepstakes begins at 12:00:00 AM ET on 1/29/2024 and ends at 11:59:59 PM ET on 2/5/2024. Winners selected at random. For complete details, including entry requirements and prizing details/restrictions, see Official Rules available at nutellasuperfan.com Sponsor: Ferrero U.S.A., Inc., Parsippany, NJ 07054.
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO ENTER:
The Nutella Superfan Social Sweepstakes (the “Promotion” or “Sweepstakes”) begins at 12:00:00 AM (ET) on Monday, January 29, 2024 and ends at 11:59:59 PM (ET) on Monday February 5, 2024 (“Promotion Period”).
You may enter on Instagram by (i) updating any one of your social profile bios to include the word “Nutella” (ii) take a screenshot of that profile and upload it to your own Instagram story (iii) tag/mention the official Nutella USA Instagram account @nutella in your story. Your story MUST remain visible for at least 24 hours. You must have the Instagram app on your mobile device. If you do not have an Instagram account, you can obtain a free account at https://www.instagram.com . All steps above must be completed to result in an entry.
Submitting an entry using the above method will result in one entry subject to compliance with these Official Rules. By entering using a mobile device, entry may require data usage or incur data usage charges. Such charges may apply regardless of whether you are successful in posting the entry and entering the Promotion. Check your mobile plan for rates/details before posting an entry. Wireless access may not be available in all areas.
The Promotion is a Random Drawing Sweepstakes, with prize winners selected via random drawing. Entries must comply with the terms of these Official Rules to be deemed a valid entry. For clarity, the content of your submission (i.e., the updated social profile bio), provided that it is in compliance with these Official Rules, will NOT affect your ability to enter or your odds of winning a prize. Limit one (1) entry per person. Any attempt to use multiple social profile bios, names or Instagram accounts or other tactics to enter more than once may result in the disqualification of the Entrant by the Sponsor from the Promotion and all associated entries will be void and will not be accepted. Entries generated by script, macro, or other automated means or with the intent to subvert the entry process will be void. Entries that are copies or re-posts of another entrant’s posts are also void.
All Instagram terms and conditions apply. This Promotion is in no way sponsored, endorsed, or administered by or associated with Instagram.
2. ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry, who have an Instagram account as of the time of entry (each an “Entrant”). Employees, agents, directors and officers of Ferrero U.S.A., Inc. (“Sponsor”), Berlin Productions, Inc. (“Administrator”), and (as applicable) any of their respective parents, affiliates, subsidiaries, representatives, prize suppliers, and fulfillment, advertising, marketing and promotion agencies (collectively, the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee/agent/director/officer are not eligible to enter or win. Void in Puerto Rico and where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Promotion. By entering, you agree to these Official Rules, which are binding in all aspects.
3. ENTRY CONTENT GUIDELINES: To result in entry, Entrant’s updated social profile bio as posted on Instagram Story must not, without limitation:
Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Promotion, or any other person or entity, or does not comply with these requirements or these Official Rules .
To the extent that your entry includes an endorsement of Nutella you represent and warrant that the entry is truthful in all material respects and accurately references your actual experience in using the product.
Subject only to those rights retained by Meta Platforms, Inc. (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the post in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. The preceding includes but is not limited to Sponsor’s possible use of entrant’s post; and, to this end, the preceding includes entrant’s grant and license to the post individually as well as his/her grant and license as to any compilation within which Sponsor may choose to include such post. Nothing herein in any way obligates Sponsor to make any use of a given entrant’s post (individually or as part of a compilation); and, in refraining from doing so, Sponsor will not incur liability of any kind under any legal theory. Entrant further agrees, upon Sponsor’s request and without compensation, to use commercially reasonable efforts to assist Sponsor in obtaining a similar grant of rights from other individuals included in and/or involved in the creation of his/her post (to the extent applicable).
ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. WITHOUT LIMITATION, SPONSOR HAS NOT REVIEWED ANY UPDATED SOCIAL PROFILE BIOS PRIOR TO POSTING BY ANY ENTRANT AND SUCH POSTING BY AN ENTRANT AS WELL AS ANY RE-POSTING OF SAME BY SPONSOR DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH ENTRY BY SPONSOR.
Sponsor may acknowledge receipt of entry, including by commenting upon or re-posting them (individually or as part of a compilation). Should Sponsor choose to do so, any such acknowledgment merely indicates that the entry has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Promotion.
Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete, incorrect, or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Instagram account/handle used to enter the Promotion will be deemed to be the entrant.
4. SELECTION OF WINNERS: Potential winners will be selected by the Administrator, an independent judging organization. The random drawing will be conducted from among all eligible entries received by Administrator on or about February 7, 2024. Odds of winning a prize will depend upon the total number of eligible entries received for the random drawing.
5. NOTIFICATION OF WINNERS.
AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Potential winners will be notified via direct message (i.e., private message) on Instagram. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM Nutella USA (i.e., @ nutella; or Administrator [identified at time of message]).
THE DIRECT MESSAGE WILL CONTAIN PRIZE CLAIM INSTRUCTIONS..
For Prizes: Direct message will contain a secure link for entrant to provide mailing information. A response is required to such notification within 24 hours. from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified. In the notification, potential winner will be directed to a prize acceptance form via secure url where he/she will provide his/her additional contact information (e.g. e-mail, name, street address (no PO boxes), city, state and zip code**) for purposes of winner verification and prize claim.
In the event a potential winner cannot be contacted, fails to timely comply with applicable prize claim instructions, he/she is disqualified for any other reason or if the prize/prize notification material is returned as undeliverable to winner, the prize will be forfeited, and Sponsor may choose an alternate potential winner.
**Only a street address in the (50) United States or the District of Columbia will be accepted, and prize/prize notification material will only be delivered to such address (if potential winner is verified as being eligible and in full compliance with these Official Rules).
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
First Prizes
Sixty (60) first prizes consisting of a Nutella Superfan kit containing the following:
1. One WND Mug -White Mug with World Nutella Day logo. $17.00
2. One Crepe Pan - Red Nutella Branded Crepe Pan. $48.00
3. One Custom Nutella Jar 26.5 oz. with winner’s name (as indicated on prize acceptance form) $8.00
4. One Nutella Biscuits Cookies 20ct. $4.00
5. One Nutella B-Ready Snack (Wafer filled with Nutella spread and puffed wheat crisps) 2ct. $3.50
6. One Nutella & GO Snack (Nutella spread and breadsticks) 1.8 oz $2.15
Total Superfan Kit ARV $82.65
TOTAL ARV OF ALL PRIZES IN PROMOTION:$4,959
7. GENERAL PRIZE RESTRICTIONS: Limit of one (1) First Prize per person, family, household, Instagram account, or address. No prize transfer or cash redemption allowed except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Any difference between the approximate retail value and actual value of Prize or any substituted prize will not be awarded. All costs and expenses not specified herein as being awarded are the sole responsibility of Prize Winners. Components of prizes are offered subject to availability. Sponsor shall not be responsible for lost or stolen Prizes, or any part thereof or any issues arising out of or in connection with Winner’s use of a Prize, or any part thereof. In no event will more than the stated number of prizes be awarded. Sponsor and Administrator are not responsible for any change of potential winner’s home address, Instagram account (as applicable) or if such account (for potential winner) is incomplete or otherwise defective. Sponsor reserves the right to award prize via multiple shipments. Winner must either accept prize in its entirety or not at all; and, if prize is declined, winner will not receive any alternate prize component or compensation of any kind.
8. GRANT OF RIGHTS: By submitting an Entry, Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered. The entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their Entry. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may later request the assignment. The Entrant may be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Entrant may now or later have (as the case may be). By submitting an entry, Entrant explicitly acknowledges that his/her first name, last initial, city, and state (as applicable) may be posted on the Website and the social media sites of Sponsor as well as possibly included as part of a compilation as discussed above. Any such posting (or inclusion as part of a compilation) shall NOT constitute any representation that the Entry is eligible or that it has been selected as a potential Winner in the Promotion.
9. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant's participation in or attempt to participate in the Promotion, or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of www.nutellasuperfan.com or any other promotion-related website or of a given entrant’s Instagram page or the official Nutella USA Instagram page in whole or in part for any reason (including filtering or other operation of the Instagram social media platform); (h) traffic congestion on the Internet, on Instagram, www.nutellasuperfan.com, or any other promotion-related website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry procedure and/or the prize claim procedure , whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an email address or Instagram account/handle used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries or prize claims (as applicable), the announcement of the prizes or any Promotion-related materials. Use of www.nutellasuperfan.com or any other promotion-related website as well as the Instagram social media platform is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person's computer or mobile phone resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of materials for/implementation of the Promotion.
10. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering the Promotion, each Entrant agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, city and state of residence, photographs and/or likeness, and post (i.e., updated social profile bio) for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, except where prohibited by law; (b) that Sponsor and its designees shall have the right and permission to (i) alter, amend, edit or change Entries, including the post, prior to distribution and (ii) use, distribute, reproduce, alter, amend and copyright Entries, including any post (i.e., updated social profile bio), submitted as an entry of the Promotion for purposes of advertising and trade without compensation, unless prohibited by law; (c) to release the Released Parties as well as Meta Platforms, Inc from all liability and to indemnify, defend and hold harmless the Released Parties as well as Meta Platforms, Inc.. 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 (i) the acceptance, possession, use or misuse of any Prize (or any part thereof), (ii) participation in or administration of this Promotion, (iii) the use (or non-use) of any entry or any of the rights granted herein; (iv) defamation, violation of right of publicity or right of privacy; and (v) any element of this Promotion; (d) to assume all liability for any injury or damage related to (c) (i)-(v); (e) to be bound by the Official Rules (f) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (g) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (h) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (i) that New York law (without regard to principles of conflict of law/choice of law) shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion if Sponsor suspects fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any other similar causes or factors beyond Sponsor's reasonable control could corrupt, impair, or compromise the administration, security, integrity, or fairness of the Promotion (or portions thereof), as determined by Sponsor in its sole discretion. Should the Promotion (or any portion thereof) be cancelled or terminated for any of the above reasons, the Promotion will be conducted in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event the Promotion is cancelled or terminated, notice will be posted on www.nutellasuperfan.com and on the official Nutella USA page on Instagram. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials, including without limitation, the official Nutella USA page on Instagram, www.nutellasuperfan.com or any other promotion-related website and the Official Rules, the Official Rules shall prevail, govern and control. Entry information, including the post (i.e., updated social profile bio) becomes property of Sponsor.
Any damage made to Nutella USA page on Instagram, www.nutellasuperfan.com or any promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail 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/Administrator. Sponsor/Administrator reserve the right, in their sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the entry process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted (i.e., more than one [1] entry), and/or if Sponsor suspects that an Entrant attempted to enter/obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void. Sponsor’s/Administrator’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
11. NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE WWW. NUTELLASUPERFAN.COM OR ANY OTHER PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy at www.nutellasuperfan.com. By participating in the Promotion, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
13. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROMOTION AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THIRTEEN DOLLARS ($13.00). WITHOUT LIMITING THE FOREGOING, THIS PROMOTION IS 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 PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED (IN WHOLE OR IN PART) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC/EPIDEMIC, WEATHER, TERRORISM OR SUPPLY CHAIN ISSUES. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. WINNERS’ LIST: You may request a winners’ list by mail by sending a self-addressed stamped envelope to Nutella Superfan Sweepstakes c/o Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598. Requests must be received by March 29, 2024.
15. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054
16. ADMINISTRATOR: Berlin Productions, Inc., 870 Locke Ln, Yorktown Heights, NY 10598.
© 2024 Sponsor: Ferrero U.S.A., Inc. All rights reserved.