Swerve Social Giveaway T&C
By entering the Promotion, entrants will be deemed to be bound by and have accepted these Terms and Conditions. These Terms and Conditions prevail in the event of any conflict or inconsistency any other communications, including advertising or Promotional materials. Please retain a copy for your information.
Promoter: Merisant Company, 125 South Wacker Drive, Suite 3150, Chicago, IL 60606 USA. (Please do not send entries or prize claims to this address).
- All entrants must be aged eighteen or over and have a valid United States postal address. Employees of Promoter, their families, dependents and agents and any other person connected with the prize draw may not enter.
- Entrants who enter via Instagram must have an open profile or ensure posts can be publicly viewed. Private posts that cannot be viewed cannot be included in the Prize Draw.
- Only one entry per person will be counted. Anyone trying to circumvent this rule by using alternative details will be disqualified from this Promotion. Bulk entries made from trade, consumer groups or third parties will not be accepted. If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’ or any other automated means, that person’s entries will be disqualified, and any prize award will be void. If any entrant creates numerous email, Facebook or Instagram accounts in order to enter the Promotion more than once, they will be disqualified. Participants who attempt to manipulate this rule will be disqualified. Promoter’s judgements in disqualifying entries shall be final and subject to no recourse.
- No purchase necessary.
- Entry to this prize draw can be made between 00:01 on August 17, 2022, and 23:59 CST on August 23, 2022. Entries received after the relevant end date will not be accepted.
- Enter on Instagram by 1) share this post to your story and 2) follow @swervesweetie and 3) tag a friend in the comments (multiple tags equals multiple entries). Must complete all three to enter.
- The Promoter monitors responses to this Promotion and if any responses or any previous posts made by an entrant are, or could be regarded, as being disrespectful towards other members of the Facebook or Instagram community or which contain anything which is likely to or could cause offence or distress will be removed from the Promotion. As someone who enters the promotion, your use on Instagram is subject to the Terms and Conditions of the respective platforms.
- Participants’ entries will be deemed invalid if any post
- contains defamatory, malicious, indecent or other inappropriate content
- includes the names of any individual without their express permission; or
- in the reasonable opinion of the Promoter, cause any widespread or serious offense (taking into account prevailing community views or standards).
- All entries must be received by 59 CST on end date August 23, 2022. Promoter cannot accept any liability for any entries which are late, lost, incomplete, or rendered unrecognizable. The Promoter reserves the right to refuse to accept any entry and/or to select a winning entry at Promoter’s absolute discretion. Entries are subject to verification. Incomplete, bulk, automated and third-party entries (including “voting exchange”) will be disqualified.
- Entrants who do not give correct details or those who make an entry on someone else’s behalf will be disqualified, at the Promoter’s discretion.
Prizes and Winner Selection:
- There will be 1 prize pack available to win consisting of a variety of Swerve Sweeteners. Estimated retail value: $00__________.
- All valid entries will be submitted into a prize draw and the winners will be selected at random by an independent party within 7 working days of the end of the Promotional period.
- No expenses incurred in connection with the prize draw or prize will be paid other than as set out in these Terms and Conditions.
- There is no cash alternative or refund for unused portions of the prize, except that in the event of circumstances outside of its control the promoter reserves the right to substitute a similar prize of equal or greater value.
- To the extent permitted by law, the Promoter excludes all liability whatsoever to entrants and the winner in relation to the Promotion and the prize to be awarded.
- The Promoter retains sole discretion to withhold prizes without liability if in its view a winner is ineligible, the entry is invalid, or a winner does not meet the necessary requirements as set out in these Terms and Conditions.
- By receipt of any prize, winner agrees that Promoter, Instagram, Facebook, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies, are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the prize or from winner’s participation in the Promotion.
- The winners will be notified by the Promoter via Instagram post on the following days: August 24, 2022, and they must respond within 28 days of the date of initial contact. Winners must provide their full postal address details including postcode and county within 28 days of the original contact date in order for their prize claim to be fulfilled. If a winner does not respond within 28 days, or any other period specified, of the notification being sent or is otherwise not available, the Promoter reserves the right to select an alternative entrant to receive the prize. Further details on the delivery of the prize will be sent by email to the winners following notification. It is the responsibility of the winner to supply the correct personal information including correct postal address. The Promoter will not be liable for non-delivery prizes caused by the provision of wrong information, postal disputes or other causes beyond its control. Unless otherwise agreed in writing by the Promoter, the prize will only be awarded directly to the winner.
- Failure to comply with these Terms and Conditions will automatically render a prize draw entry void.
- The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants understand and agree that they are providing their information to the Promoter and not to Facebook or Instagram. By entering this Promotion, each entrant releases Facebook and Instagram from any action or claim arising out of the Promotion. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter, not Facebook or Instagram.
- Numerous factors outside the control of the Promoter may interfere with the operation of Instagram or Facebook. The Promoter does not therefore guarantee continuous, uninterrupted or secure access to Facebook and Instagram.
- Incomplete, illegible, misdirected or late entries or claims will not be accepted. Proof of sending will not be accepted as proof of delivery. The Promoter takes no responsibility for entries/claims delayed, incomplete or lost due to technical reasons or otherwise.
- To the fullest extent possible in law, neither the Promoter nor agencies involved in this Promotion will be liable for any loss or damage whatsoever caused by matters relating to this Promotion.
- The Promoter reserves the right in its sole discretion to disqualify any individual that corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion.
- The Promoter’s decision is final with regard to all promotional matters.
- The Promoter reserves the right to verify all entries and the winner and to refuse to award a prize or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these Terms and Conditions or any instructions forming part of this Promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating in the Promotion or won using fraudulent means.
- The Promoter reserves the right to vary these Terms and Conditions or cancel the Promotion at any stage in the event of circumstances arising beyond its control and only where circumstances make this unavoidable but will use all reasonable endeavors to minimize the effect to participants to avoid undue disappointment.
- By entering, all Entrants confirm that any photos and content used to enter is their own original property and does not infringe any third-party rights. Furthermore, you warrant and represent that: (a) use of the photo as described in these Terms and Conditions will not infringe the intellectual property or other rights of any third party, or violate any laws or ordinances; (b) the photo is not obscene or libelous, and does not contain anything defamatory or derogatory; and (c) you have the right to grant ownership rights set forth above. Entries not satisfying these criteria in any respect may be disqualified and removed from the Promotion at Promoter’s sole discretion.
- By entering, all Entrants agree that the Promoter can edit, use, publish and distribute your entry and its content for its general marketing and promotional purposes including inclusion in advertising and marketing materials.
- The Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or Facebook.
- The winner agrees to participate in any and all advertising, promotion or other commercial activities relating to the prize draw and consents and agrees that their photograph, image, likeness and voice may be used by the Promoter in all related Promotional activity without any rights of prior approval or inspection.
- If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
- These Terms and Conditions shall be governed and construed in accordance with Illinois law, without giving effect to any provisions thereof regarding conflicts of laws. Entrants hereby submits to the exclusive jurisdiction of federal and state courts sitting in Cook County, Illinois for purposes of any suit, action or other proceeding arising out of this Promotion which is brought by or against Promoter, and Entrant agrees not to commence any action, suit or proceeding relating thereto except in such courts and agree that service of any process, summons, notice or document delivered by hand or sent by registered mail to your address set forth above shall be effective service of process for any action, suit or proceeding brought against you in any such court. Recipient hereby irrevocably waives any objections which you may now or hereafter have to the laying of venue of any such suit, action or proceeding brought in such courts and hereby further irrevocable waive and agree not to plead or claim in any such court that such suit, action or proceeding has been brought in an inconvenient forum.