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BUTTERFINGER® “CRACK THE SAFE”
SOCIAL SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. PROMOTION PERIOD: The Butterfinger® Crack the Safe Social Sweepstakes (the “Sweepstakes” or “Promotion”) begins at 12:00:00 AM (ET) on Monday, March 1, 2021 and ends at 11:59:59 PM (ET) on Friday April 30, 2021. (“Promotion Period”).

2. HOW TO ENTER:

a. You may enter by (i) posting a photo on your Instagram account showing you holding two (2) Butterfinger bars or telling us how you keep your Butterfinger bars safe, (ii) tagging the official Butterfinger Instagram account @butterfinger and (iii) using the hashtag #ctsbutterfingersweeps. Entering via Instagram will require you have a mobile device with a camera during the Promotion Period. You must also 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.

b. You may enter by (i) posting a photo on your Twitter account showing you holding two (2) Butterfinger bars or telling us how you keep your Butterfinger bars safe, (ii) tagging the official Butterfinger Twitter account @Butterfinger, and (iii) using the hashtag #ctsbutterfingersweeps. If you do not have a Twitter account, you can obtain a free account at free at https://twitter.com/signup.

Submitting an original photo and caption (at user’s option) OR a statement from your Instagram account or Twitter account about how you keep your Butterfinger bars safe will result in one entry, subject to compliance with these Official Rules. If entering using a mobile device, message and data rates may apply. Check your mobile plan for rates/details. Wireless access may not be available in all areas. Private messages and/or comments on other entries with first friend themed photo will NOT result in entry.

If you enter by submitting a photo of yourself holding two (2) Butterfinger bars, you understand and agree:

  • To fully comply at all times with the retail store’s policies and requirements which may restrict your ability to hold Butterfinger bars without purchasing same;
  • Not to unwrap or consume the Butterfinger bars without first purchasing same; and
  • Not to engage in any behaviors in conflict with governmental mandates/measures enacted with the objective of mitigating the spread of Covid-19 and regulating related conduct by members of the public ( i.e., removal of masks, gathering without social distancing, anti-vaccine messaging, massive grocery shopping; purchase of exaggerated amount/portions).

Photos/statements will not be judged, but must comply with the terms of these official rules to be deemed a valid entry.

Limit one (1) entry per person, per social platform, for a total of two (2) entries per person during the Promotion Period. Any attempt to use multiple names, Instagram accounts, Twitter accounts or email accounts or other tactics to enter more than the stated limit may result in the disqualification of the Entry by the Sponsor from the Sweepstakes and all associated entries will be void. Entries generated by script, macro or other automated means or with the intent to subvert the entry process will be void.

This Sweepstakes is completely separate and apart from THE BUTTERFINGER CRACK THE SAFE INSTANT WIN AND SWEEPSTAKES. This Sweepstakes and THE BUTTERFINGER CRACK THE SAFE INSTANT WIN AND SWEEPSTAKES each have their own prizes available to be won at discrete odds of winning. You may enter this Sweepstakes and/or THE BUTTERFINGER CRACK THE SAFE INSTANT WIN AND SWEEPSTAKES as you wish. For the official rules for THE BUTTERFINGER CRACK THE SAFE INSTANT WIN AND SWEEPSTAKES, visit www.butterfingercasefiles.com

All Instagram and Twitter terms and conditions apply. This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Instagram or Twitter.

2. ELIGIBILITY: The Sweepstakes 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 a valid Email, Instagram account and/or Twitter 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 any of their respective parents, affiliates, subsidiaries, representatives 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 Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server will be the official timekeeper and recordkeeper for the Sweepstakes. By entering, you agree to these Official Rules, which are final and binding in all aspects.

3. ENTRY CONTENT GUIDELINES: Entrant’s photo (including any accompanying caption) or statement (as the case may be) for Sweepstakes entry must not, without limitation:

  • include or reference any person other than yourself, or otherwise violate the intellectual property rights (including trademark, copyright, right of publicity, right of privacy) of any third party;
  • contain any anti-social, political, controversial or religious statements, images or descriptions;
  • include threats to any person, place, business, or group;
  • include any personal information regarding Entrant or anyone else;
  • contain advertisements, personal solicitations or commercial solicitations;
  • contain material that is illegal, inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group) as determined in Sponsor’s sole discretion;
  • contain material that advocates aggressive or violent behavior;
  • contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or other trait;
  • contain material that disparages or adversely affects the goodwill and business reputation of Sponsor or its Butterfinger® products;
  • advocate illegal conduct of any kind (including but not limited to theft/shoplifting) or alcohol, tobacco or drug use including e-cigarette products
  • make any claims regarding the Butterfinger® product or suggest/imply that the Butterfinger® product should be consumed other than in accordance with the label of same; or

contain material that is irrelevant to the theme of the Sweepstakes.

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 (including but not limited to Butterfinger ® bars), the Sweepstakes, or any other person or entity, or does not comply with these requirements or these Official Rules .

To the extent that your photo or statement includes an endorsement of Butterfinger®, you represent and warrant that the photo (or statement, as applicable) is truthful in all material respects and accurately references your actual experience in using such product (to the extent applicable).

Subject only to those rights retained Instagram and Twitter (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 photo (or statement, as applicable) 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.

PHOTOS/STATEMENTS 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.

Sponsor may acknowledge receipt of photos (or statements, as applicable) for entry, including by commenting upon or re-posting them. Should Sponsor choose to do so, any such acknowledgment merely indicates that the post/photo/statement 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 or Twitter account/handle used to enter the Promotion will be deemed to be the entrant.

4. SELECTION OF WINNERS: Sixty (60) winners will be selected via random drawing by the Administrator, an independent judging organization, whose decisions are final and binding in all matters relating to the Sweepstakes. Four (4) random drawings will be conducted approximately every two (2) weeks for the duration of the Sweepstakes; each random drawing will consist of all eligible entries received during the indicated time period as well as any non-winning eligible entries received from the preceding random drawing(s), if any. See the chart below. Odds of winning will depend on the number of eligible entries received for each random drawing.

Random Drawing Period

Start Date @12:00:00 AM (ET)

End Date @ 11:59:59 PM (ET)

Approx. Drawing Date

1

March 1, 2021

March 16, 2021

March 17, 2021

2

March 17, 2021

March 30, 2021

April 1, 2021

3

April 1, 2021

April 18, 2021

April 19, 2021

4

April 19, 2021

April 30, 2021

May 3, 2021

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 and/or Twitter (depending upon how potential winner entered the Sweepstakes). IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES FROM Butterfinger (i.e., @butterfinger [Instagram]; @Butterfinger [Twitter]) and/or Administrator. THE DIRECT MESSAGE WILL CONTAIN A SECURE LINK FOR ENTRANT TO PROVIDE MAILING INFORMATION. A response is required to such notification within 48 hrs. from the time of first notification (i.e., transmission of direct message); if response is not timely received, such potential winner will be disqualified and an alternate winner may be selected from among all remaining eligible entries received for the applicable random drawing. 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.

5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Sixty (60) Prizes (Fifteen [15] Prizes Per Random Drawing) valued at Seventy three dollars ($73.00) each. Each prize will consist of a Butterfinger® Branded Combination Mini Safe to include one (1) pair of Butterfinger® Branded Sunglasses (non-prescription), Butterfinger® Branded Watch, Butterfinger® Branded Notebook, Butterfinger® Branded Pen, Confetti Popper and two (2) Butterfinger® bars. for a total prize ARV of $73.00.

Total ARV of all 60 Prizes: $4,380

6. PRIZE RESTRICTIONS: Limit of one (1) prize per family, household or address. No prize transfer or cash redemption allowed. 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. Any stated difference between the approximate retail value and actual value of prize or any substituted prize will not be awarded. Any federal, state, and local taxes on prize are the sole responsibility of Winner. All costs and expenses not specified herein as being awarded are the sole responsibility of Winner. 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 email address (as applicable) or if email address (for potential winner) is incomplete or otherwise defective. Any unawarded, unclaimed, voided or forfeited Prize will not be awarded. All Prize details are at Sponsor’s sole discretion. If winner declines any part of prize, no alternate prize or compensation will be awarded. Prize will be shipped only to an address (as indicated on prize claim) in the fifty (50) United States or Washington, DC. Sponsor reserves the right to ship individual elements of prize separately. Actual prize elements may differ from images of same in advertising material, with Sponsor and Administrator disclaiming any and all liability in conjunction therewith.

7. 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 Instagram, Twitter or any promotion-related website in whole or in part for any reason (for Instagram and Twitter including filtering or other operation of the corresponding social media platform); (h) traffic congestion on the Internet, on Instagram and Twitter or any 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 and/or Twitter 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 Instagram, Twitter or any promotion-related website is at user’s own risk. The Released Parties, Instagram and Twitter 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 the Sweepstakes.

8. 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 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, photo submitted as an entry of the Promotion for purposes of advertising and trade (including in conjunction with posting on Instagram or Twitter) without compensation, unless prohibited by law; (c) to release the Released Parties Instagram and Twitter from all liability and to indemnify, defend and hold harmless the Released Parties as well Instagram and Twitter 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 the 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 Sweepstakes 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 Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion. Should the Sweepstakes (or any portion thereof) be cancelled or terminated for any of the aforementioned reasons, the Sweepstakes will be conducted and prizes made available in a manner deemed fair and equitable by Sponsor in its sole discretion. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials, including without limitation, Instagram and Twitter or any promotion-related website and the Official Rules, the Official Rules shall prevail, govern and control. Entry information becomes property of Sponsor.

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 and/or if Sponsor suspects that an Entrant attempted to 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.

9. NOTICE TO ENTRANTS : ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY 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.

10. 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 (https://www.ferreronorthamerica.com/privacy-policy-us) 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.

11. 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 (WITH THE SOLE EXCEPTION OF THE PRIZE, TO THE EXTENT APPLICABLE). 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, OR TERRORISM. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

12. WINNERS’ LIST : You may request a winners’ list by mail by sending a self-addressed stamped envelope to Butterfinger Crack the Safe Social Sweepstakes c/o Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598. Requests must be received by June 1, 2021.

13. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054

14. ADMINISTRATOR : Berlin Productions, Inc., 870 Locke Ln, Yorktown Heights, NY 10598.

© 2021 Sponsor: Ferrero U.S.A., Inc. All rights reserved.