Social Media Giveaway Official Rules for Evans Food Group Ltd., a subsidiary of Benestar Brands, LLC, and owner of PÖRQ
OFFICIAL RULES
By entering, you as “Entrants” accept these Official Rules (available on Sponsor’s profile, bio or other page on the respective Social Media Platform and at https://www.porqsnacks.com/social-giveaway-rules, the “Website”), any additional communications/advertisements specific to a particular Promotion, and the decisions of the Sponsor, all of which are final and binding. Please read these Rules carefully. If you do not agree to the Rules, you should not participate in a Promotion; submission of an entry will constitute your acceptance. Without limitation, Sponsor reserves the absolute right to modify these Official Rules, in whole or in part, at any time by posting revised Rules on the Website.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE or payment WILL NOT increase YOUR chances of winning. OPEN Only TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OR OLDER AND THE AGE OF MAJORITY IN THEIR STATES AT THE TIME OF ENTRY. VOID IN PUERTO RICO, THE UNITED STATES TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, ANY SOCIAL PLATFORM. You understand that you are providing your information to Sponsor and not to the social media platform. Any questions, comments, or complaints regarding Giveaway shall be directed to Sponsor. THESE OFFICIAL RULES ARE AVAILABLE AT: https://www.porqsnacks.com/social-giveaway-rules.
ARBITRATION NOTICE: BY ENTERING A PROMOTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes provision.
SPONSOR: Evans Food Group Ltd., a subsidiary of Benestar Brands, LLC, 4118 S Halsted St, Chicago, IL 60609
1. ENTRY PERIOD:
Unless otherwise stated in the Ad, each Promotion will begin on or about 12:00 am Eastern Standard Time (“EST”) on the day a Promotion Ad (defined below) is posted on the applicable social media platform offering such Promotion, and end 11:59 pm CT on the last day specified (each is the “Promotion Period”). Eastern Standard Time shall govern unless otherwise stated in the Ad. Without limiting any rights with respect to any authorized Promotion, Sponsor reserves the absolute right to disavow and immediately void at any time any Ad or individual Promotion that has not been authorized or approved by Sponsor. Without limiting the foregoing, Sponsor reserves the absolute right to terminate, cancel or modify a Promotion, in whole or in part, by posting immediate notice either via the Sponsor’s page on the Social Media Platform used to facilitate the Promotion, or on Sponsor’s Website. These Official Rules shall be considered a part of and merged into all valid, authorized Promotion Ads. Each Ad may provide different or additional specificity with respect to particulars of a Promotion (such as eligibility, entry deadlines, entry requirements, prizes, etc.) and such Ad shall govern such particulars, but in all other respects these Official Rules shall apply to and control each Promotion.
2. ELIGIBILITY:
The Giveaway is offered only to legal residents of the United States, including the District of Columbia who are eighteen (18) years or older and the age of majority in their states at the time of entry (if higher than 18). Employees, officers, directors or agents of Sponsor and affiliate companies, as well as members of their immediate families (spouse, parents, siblings and children) and household members of each such employee of such entities are ineligible to enter. This Giveaway is subject to all applicable federal, state, municipal and local laws and regulations. Void in Puerto Rico, the United States Territories and Possessions, and elsewhere where prohibited or restricted by law.
3. HOW TO ENTER:
From time to time, Sponsor may (but without obligation) conduct Promotion(s) by disseminating a Promotion related advertisement containing a call to action for entry/ies on one or more approved Social Media Platform(s) (authorized Promotion “Ad”). Such approved platforms are generally expected, but not guaranteed, to include Facebook and/or Instagram, or any other reputable social media platform, all of which may be limited or expanded in Sponsor’s discretion (each is an approved “Social Media Platform” or “Platform”). An Ad may be disseminated by Sponsor or its authorized third-parties’ which may vary. The Ad may be displayed on Sponsor’s and/or third parties’ own account(s), page(s), websites, or via their approved representatives, as applicable.
4. ENTRIES:
In your Social Media Platform account, your privacy settings must be set to public and cannot be set to “off” or “private” in order to participate and receive Promotion and/or winner notifications. When prompted by the Ad during its respective Promotion Period, respond to the requirements in full, include the required hashtags and @reply, and comply with all instructions to submit your entry (“Entry”). Entry instructions and requirements may vary. Once submitted, Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned.
Entrants are limited to one (1) entry per person per promotion (regardless of entry methods provided, if applicable). A Promotion may be advertised via more than one Social Media Platform and, unless otherwise stated, the prizes available to be awarded in such Promotion are not Platform based, but are overall prizes offered in the entire Promotion. Proof of submitting an entry does not constitute proof of delivery or entry. Entries cannot contain profanity, violence, threatening language, illegal or offensive material, derogatory or defamatory comments, or be inappropriate, indecent or obscene as determined by Sponsor, in its sole discretion. Entries must be in keeping with Sponsor’s image, and may not violate the privacy rights or publicity rights of any person or otherwise infringe upon any person’s or entity’s intellectual property, personal or proprietary rights. All non-conforming entries will be disqualified, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to remove any entry posted that Sponsor feels is inappropriate, objectionable and/or inconsistent with the positive image or good will it wishes to promote in this Giveaway. You agree to hold Sponsor harmless in the event that your entry violates any third party intellectual property, publicity or privacy rights. Entries may not be acknowledged. If an entry is removed by Sponsor, the entry is automatically disqualified. All entries must comply with these Official Rules and Instagram’s Terms of Use and Community Guidelines.
5. YOUR USE OF SOCIAL MEDIA:
While you may tag, forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) entries, Likes or Follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable Entry and Entrant suspected of using/benefiting from such methods in Sponsor’s sole and absolute discretion. If you don’t have a Social Media account, you can become a member without charge by simply following the Social Media Platform instructions and accepting the terms and conditions of use. Entrants’ use of the respective Social Media Platform used to enter and/or facilitate Entry must comply with and be in accordance with its respective Terms of Use, Terms of Service, Guidelines and Policies (available on their respective Platforms). Sponsor assumes no responsibility for Entrant’s disregard or failure to comply. This Promotion is in no way sponsored, endorsed or administered by any Social Media Platform.
By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties. A delay may occur between uploading an Entry and availability into the public gallery, if any. If an Entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services, or the Entry does not initially appear compliant with the respective Social Media Platform guidelines, then Sponsor reserves the right to disqualify such Entry/entrant and remove any/all such Entry/Entries immediately from the gallery (if any) and this Promotion.
6. YOUR USE OF A MOBILE DEVICE:
If an Entrant is participating in the Promotion via a mobile device, message and data rates may apply. Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in the stated methods of Entry. Consent is not a condition of purchase.
7. PRIZES:
Prize awards are subject to verification of eligibility and compliance with these Official Rules. Prize descriptions and numbers available to be awarded in a Promotion will be as advertised in the Promotion Ad. Prizes are anticipated to consist of product prize packs, physical or electronic gift cards, coupons, and/or other lower-value merchandise. ARV of prizes are anticipated to range between $5 – $50 per prize but will be as stated in the Ad. Prize delivery arrangements must be made in accordance with Sponsor’s instructions specific to the Promotion. Limit one (1) prize per person/household, per Promotion. The right to receive and use a prize is personal to a winner, is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value. Winners are solely responsible for use/misuse of a prize and all costs and expenses not expressly set forth as being included in connection with any prize. Prizes will be awarded provided sufficient eligible Entries are received for a Promotion. Prize awards are subject to verification and compliance; prizes will only be awarded to verified and confirmed winners. Only the number and description of prize(s) stated in the Promotion Ad is/are available to be won in a Promotion and any such prize award is subject to the prerequisites and limitations stated herein, the Ad, and/or Declaration if applicable. Prizes cannot be sold, transferred or bartered in whole or in part. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value at its option. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for claiming or using any prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor shall not be held responsible for any delays in awarding a prize for any reason. Each prize will only be awarded to a winner whose eligibility has been verified. Sponsor makes no representation to winner as to the fitness or suitability of the prize for any purpose, and Sponsor hereby disclaims any and all warranties, express or implied, concerning any prize.
PROMOTIONS, ALL PRIZES (WITH THE EXCEPTION OF VALID MANUFACTURER WARRANTIES) AND ANY AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
8. SELECTION OF WINNERS; ODDS:
Within ten (10) working days after the end of the Entry Period, Sponsor will randomly select potential winners from among all eligible entries received in order to award the prizes. All responses must conform to these Official Rules to be eligible. Limit 1 prize per person. Odds of winning a prize depend on number of eligible responses received during Entry Period. Unless otherwise stated, potential winner(s) may be contacted via the Social Media Platform used to enter, and will be asked to respond to Sponsor with contact information including full name, street address, email, and phone number and to verify eligibility (by showing driver’s license or other government-issued identification) for verification and prize fulfillment purposes. Each potential winner will have approximately 48 hours to respond to the attempt to notify him or her. If (i) Sponsor is blocked from contacting the potential winner due to any privacy settings, (ii) the potential winner is found to be ineligible, (iii) the potential winner cannot or does not comply with these Official Rules, or (iv) if prize or prize notification is returned as undeliverable, the potential winner will be disqualified and forfeit the prize and Sponsor will select an alternate potential winner from remaining eligible entries received during the Entry Period. Unclaimed prizes may not be awarded.
9. GENERAL:
Any attempted form of participation in the Giveaway other than as described herein is void. Entries received from any entrant in excess of the stated limitation will be void. Multiple entrants are not permitted to share the same Social Media Account. If it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, including, without limitation, if an entrant is found to use multiple Social Media Accounts to enter this Giveaway, that entrant may, at Sponsor’s sole discretion, be disqualified from the Giveaway. In the event of a dispute as to any entry, the authorized account holder (determined at the time of entry) of the account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a Social Media account by Social Media Platform. Each potential winner may be required to show proof of being the authorized account holder. Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Giveaway. Any use of robotic, automatic, macro, programmed, third party, or like methods to participate in the Giveaway may void any attempted participation
effected by such methods and result in the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE GIVEAWAY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of any conflict with any details contained in these Official Rules and any details contained in any promotional materials of the Giveaway (including, but not limited to, point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.
10. LIMITATION OF LIABILITY:
By entering, entrants agree to be bound by the Official Rules of the Giveaway and all decisions of Sponsor which are final and binding in all respects. By entering, entrants acknowledge and agree that Sponsor, social media platform, and any of their affiliated and subsidiary companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible, and shall have no liability, for: (1) entries that contain incomplete or inaccurate information or do not otherwise comply with these Official Rules; (2) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, garbled,
misdirected, or otherwise not received by Sponsor or its agents for any reason; (3) any typographical or other error in the printing or advertising of this Giveaway, the administration or execution of this Giveaway, or in the announcement of a prize winner; or (4) any problems or technical malfunctions, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Giveaway. Except where prohibited by law, by participating in this Giveaway, entrants and winners agree to and hereby waive, release, hold harmless and indemnify the Released Parties from and against: (A) any and all liability, for loss, harm, damage, injury, cost or expense whatsoever with respect to or in any way arising from the Giveaway and/or use of prize, including, without limitation, property damage, liability for personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize, and (B) for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of this Giveaway; or (ii) acting in violation of these Official Rules. If Sponsor determines, in its sole discretion, that this Giveaway cannot be executed as planned, including but not limited to unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Giveaway, or if this Giveaway is compromised in any way, electronically or otherwise, Sponsor reserves the right to terminate this Giveaway, and to award the prize by a random drawing from all eligible entries received prior to the date of cancellation or suspension.
11. DISPUTES:
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of North Carolina. If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of the Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Mecklenburg County, North Carolina, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
12. PUBLICITY RIGHTS:
By participating in the Giveaway and/or accepting a prize, each entrant agrees to allow Sponsor and its designees the perpetual worldwide right to use and/or publish entrant’s name, biographical information, photos and/or other likeness, entry comments, and statements, in whole or in part, for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, without additional compensation or notice to entrant, or review or approval by winner, except where prohibited by law.
13. PRIVACY POLICY:
Any personal information collected during an entrant’s participation in the Giveaway will be collected by Sponsor or designee and used by Sponsor, and its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Giveaway as described in these Official Rules and otherwise in accordance with Sponsor’s Privacy Policy as stated at Enter Email Address.
14. WINNERS LIST:
For name of prize winner(s) over $25, mail a SASE to: The name of the Promotion (for which you are requesting winner(s)) Winner List Request, at the Sponsor’s address, for receipt on or within five working days from the end date of the applicable Promotion Period. Limit one (1) request per person/household address per Promotion.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved. This Giveaway is not sponsored, endorsed or administered by, or associated with any social media platform.