Paul Newman Birthday Giveaway

OFFICIAL RULES FOR THE 2021 NEWMAN’S OWN FOUNDATION’S “PAUL NEWMAN BIRTHDAY GIVEAWAY”

NO PURCHASE OR MOBILE DEVICE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

    1. Newman’s Own Foundation’s “Paul Newman Birthday Giveaway” (“Sweepstakes”) begins 10:00 AM Eastern Time (“ET”) January 12, 2021 and ends 5:00 PM ET January 19, 2021 (“Sweepstakes Period”).
    1. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and who have reached the legal age of majority in their jurisdiction of residence at the time of entry. Employees of Newman’s Own Foundation (“Sponsor”), Newman’s Own, Inc., Trymark Consulting Group, L.L.C., and their respective parents, affiliates, franchisees, subsidiaries, advertising and promotion agencies, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to enter or win. Void where prohibited. Subject to all applicable federal, state, and local laws and regulations.
    1. How to Enter: During the Sweepstakes Period, you (the “Entrant”) can enter the Sweepstakes by i) visiting the Newman’s Own Foundation Instagram page at https://www.instagram.com/newmansownfdn (or visiting the profile @newmansownfdn in the Instagram app) and becoming a follower of @newmansownfdn (if you are not already doing so); ii) “Like” the Sweepstakes post; then iii) using your Instagram account, post a comment on the Sweepstakes post with your favorite Paul Newman movie by choosing from the options included in the post or responding with your own favorite Paul Newman movie; and iv) tagging a minimum of one (1) friend or family member to receive one (1) entry (“Entry”). You must follow Newman’s Own Foundation on Instagram, comment with your favorite Paul Newman movie, and tag a friend or family member in your post for your Entry to be eligible. You must have an Instagram account that is set to public to enter. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Data charges may apply if you are accessing Instagram from your mobile device to enter this Sweepstakes. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following the @newmansownfdn Instagram account, have your Instagram account set to private, or deactivate your Instagram account at any time prior to the random drawing, your Entry will be void. Multiple Entrants are not permitted to share the same Instagram account.

    By submitting an Entry and creating/using an Instagram account, you will be required to agree to the Instagram terms of service and privacy policy. If you do not agree to Instagram’s terms of service and privacy policy, you cannot create an Instagram account or participate in this Sweepstakes.

    Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:

      1. be vulgar, offensive, sexually explicit, profane or pornographic;
      2. be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
      3. be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
      4. be the previous recipient of any award;
      5. be previously published;
      6. promote any political agenda or message;
      7. contain copyrighted materials owned by others;
      8. contain third-party trademarks, logos, trade dress or insignia, including brand names of products, without written consent from the owner;
      9. contain any personal identification (aside from tagging friend/s), such as persons’ names, e-mail addresses, street addresses or license plate numbers;
      10. communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
      11. contain any material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
      12. include or refer to any third parties, including but not limited to minors, celebrities and friends or family members who have not authorized such inclusion or reference; or
      13. violate any law.
    1.  

    The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.

    Limit one (1) Entry per person using only one (1) Instagram account for the duration of the Sweepstakes Period. If Entries are received in excess of the stated limitation from any person (including multiple Instagram accounts) during the Sweepstakes Period, only the first such Entry received will be eligible for entry. Submission of erroneous or incomplete information will void the Entry. By submitting an Entry via Instagram, the Entrant consents to being contacted by direct message (“DM”) if selected as a potential winner. All Entries, whether or not selected as a winner, become the property of the Sponsor and will not be acknowledged or returned. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said Instagram account at the time of entry will be considered the Entrant and required to comply with these Official Rules. The “authorized account holder” is the natural person assigned the Instagram account. Use of any automated system and use of any other devices to subvert the entry process to participate is prohibited and will result in disqualification (and all associated Entries will be void). The potential winners may be required to show proof of being the authorized account holder.

    1. A random drawing will be conducted on or about January 20, 2021 from among all eligible Entries received during the Sweepstakes Period to select one (1) potential First Prize winner, one (1) potential Second Prize winner, and one (1) potential Third Prize winner. Drawing will be conducted by Trymark Consulting Group, L.L.C., an independent judging organization whose decisions are final and binding. Odds of winning will depend on the total number of eligible Entries received.
    1. First Prize package (1): a one (1) year subscription to Amazon Prime (awarded in the form of a $119.00 Amazon gift card) (Estimated Retail Value (“ERV”) $119.00) and a one (1)-year supply of Newman’s Own Popcorn that will be shipped to the address provided by the First Prize package winner (ERV $335.00). The total ERV of the First Prize package is $454.04. Second Prize (1): One (1) Newman’s Own Foundation branded Patagonia fleece (size and color to be determined by Sponsor) (ERV $199.00). Third Prize (1): Newman’s Own Foundation branded Apple AirPods (Estimated Retail Value (“ERV”) $159.00). Total ERV of all prizes combined is $812.04. The value of merchandise is based on the ERV at the commencement of the Sweepstakes. No compensation will be offered for any difference in value between stated ERV and the actual ERV at time of prize award. Winners will be responsible for all taxes (including federal, state, and local taxes) and any other costs and expenses associated with acceptance and use of a prize not described herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or portion of a prize with one of comparable or greater value. All prize details are at the sole discretion of the Sponsor. Limit one (1) prize per person and per household for the duration of the Sweepstakes Period.
    1. Potential winners will be notified by DM to his or her Instagram account and will be required to respond within three (3) business days of date of its issuance. In the event that a response to any given DM is not received within three (3) business days of date of its issuance or a potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. Potential winners may be required, in the sole discretion of the Sponsor, to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or prize may be forfeited and, at Sponsor’s discretion, awarded to an alternate winner. In the event a potential winner is not in compliance with these Official Rules or the prize or prize notification is returned as undeliverable, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the prize at issue.
    1. By participating, Entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of their names and/or likenesses and/or biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any or all media now or hereafter known throughout the world in perpetuity without compensation, permission or notification (except where prohibited by law); and c) THAT SPONSOR, Instagram, TRYMARK CONSULTING GROUP, L.L.C., NEWMAN’S OWN, INC., APPLE INC., PATAGONIA INC., AMAZON.COM INC. AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH A PRIZE. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes or in any Sweepstakes-related materials or for any damage to Entrant’s or other person’s computer, hardware or software as a result of participation. Released Parties are also not responsible for Entries that are lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered garbled or delayed by computer transmissions and all such Entries are void. Sponsor is not responsible for any prize that is lost, damaged, stolen, delayed, misdirected, or undelivered. Persons found tampering with or abusing any aspect of this Sweepstakes or who are in violation of these Official Rules as solely determined by the Sponsor will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by the individual participant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such Entries will be void. In the event the Sweepstakes is compromised by virus, bugs, worms, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, including but not limited to Acts of God, epidemic or pandemic, or if Sweepstakes is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Sweepstakes or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Sweepstakes and at its sole discretion, if terminated, to award the prizes from among all eligible non-suspect Entries received prior to the act requiring such termination. 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 in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by an Entrant to damage the website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) to the fullest extent permitted by law. Sweepstakes is governed by the laws of the State of Connecticut without regard to its conflict of laws principles, with venue in Fairfield County, Connecticut.
    1. EXCEPT WHERE PROHIBITED BY LAW, As a condition of participating IN THIS SWEEPSTAKES, YOU agree that a) under no circumstances will YOU be permitted to obtain awards for, and YOU hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out of pocket expenses, if any; b) all causes of action arising out of or connected with this SWEEPSTAKES, or any compensation or credit to be provided, shall be resolved individually, without resort to any form of class action AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS SWEEPSTAKES, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: NEWMAN’S OWN FOUNDATION’S “PAUL NEWMAN BIRTHDAY GIVEAWAY” – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, AND in no event SHALL YOU BE ENTITLED TO RECEIVE attorneys’ fees OR OTHER LEGAL COSTS OR EXPENSES.
    1. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently located at https://newmansownfoundation.org/privacy/; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
    1. The names of the winners (available after February 28, 2021) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Newman’s Own Foundation’s “Paul Newman Birthday Giveaway” – Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than March 31, 2021. VT residents omit return postage on rules requests.
    1. Sponsor: Newman’s Own Foundation, One Morningside Drive North, Westport, CT 06880.

     
    Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.

    Instagram is not a sponsor or promoter of this Sweepstakes.

    This promotion is not produced, sponsored, or executed by Apple Inc., Patagonia Inc. or Amazon.com, Inc.