NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

ENTRY VIA INSTAGRAM ONLY AND INSTAGRAM ACCOUNT REQUIRED. INSTAGRAM ACCOUNT MUST BE ON PUBLIC SETTING TO BE ELIGIBLE TO PARTICIPATE. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. (“INSTAGRAM”).

A MOBILE DEVICE/SMARTPHONE IS NOT REQUIRED TO PARTICIPATE IN THIS GIVEAWAY, BUT IF A MOBILE DEVICE/SMARTPHONE IS UTILIZED TO PARTICIPATE IN THIS GIVEAWAY, CARRIER’S STANDARD DATA RATES APPLY.

Promotion Description: By participating in the Scharffen Berger You Choose the Chocolate Giveaway (“Giveaway”) taking place in connection with the Instagram account @scharffenberger (“Site”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Scharffen Berger Chocolate Maker (“Sponsor”), located at 1105 Benson Way, Ashland, OR 97520 on behalf of Scharffen Berger (“Host”), which shall be final and binding in all respects. Site is responsible for the collection, submission or processing of entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Giveaway.

Eligibility: Open to legal residents of the contiguous U.S. (excluding Puerto Rico, U.S. Virgin Islands, and U.S. military bases outside the U.S.) who are physically located in the 48 contiguous United States or the District of Columbia who are of the legal age of majority in their jurisdiction of primary residence at the time of entry (usually a minimum of 18 years old but 19 in Alabama and Nebraska and 21 in Mississippi). Proof of residency and/or age may be required. Sponsor, along with the advertising and promotion agencies involved in this Giveaway, the Site’s administrator, Salmon Borre Group, Ltd. (“Administrator”), as well as each of their parent companies, and affiliates, and all of their respective sales representatives, members, officers, directors, employees and contractors (including influencers who are contracted to work on this Instagram Giveaway) (collectively, the “Promotion Entities”), and members of all of their immediate families (defined as parent, sibling, spouse or child; whether biological, adopted, step or in-law) and/or persons living in the same household as such persons, are ineligible to enter the Giveaway or win a prize. Void in all jurisdictions other than the fifty United States or the District of Columbia, and where prohibited by law. All federal, state, and/or local laws, rules and regulations apply.

Entry: No purchase necessary to enter or win. A purchase will not improve your chance of winning. There will be an Instagram Giveaway on the Sites (the “Instagram Accounts”) that begins at the time of posting on May 13, 2024 and ends at 5:00 PM ET May 17, 2024 (“Giveaway Period”). Sponsor’s computer shall be the official timekeeping device for the Giveaway.  To participate and enter this Giveaway, eligible entrants will need their own Instagram account (“Account”).

To enter, visit Scharffen Berger Instagram page (https://www.instagram.com/scharffenberger) during the Giveaway Period, like the post, follow @scharffenberger, tag two (2) friends and comment telling us what Scharffen Berger chocolates you plan to buy if you win (“Comment”). All entries must be received within the Giveaway Period. Upon completion of each of these steps, participant will receive one (1) entry.  Participants may receive additional entries by submitting additional Comments.  Participants will receive one (1) additional entry for each additional Comment. Limit ten (10) entries per Instagram account during the Giveaway Period. Entries received in excess of the above stated limitation will be void.

 

If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the

Authorized Instagram Account Holder associated with the username used to enter via Instagram. The Authorized Instagram Account Holder is defined as the natural person to whom the Instagram account is assigned by Instagram. Participant, under this method, must enter using only an Instagram account subscribed to and registered in participant’s name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the Instagram account associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.

 

All entry posts via Instagram must comply with the Instagram Terms of Use available at

http://instagram.com/legal/terms/#, including any technical requirements (e.g., file size limits

for uploaded photographs or character restrictions) and your account must be a “public”

Instagram account in order for your entry to be viewed by Sponsor.

 

Entries that have been generated by a script, macro, bot or any other automated means will be

deemed void. Participants may not register with multiple Instagram accounts nor may entrants

use multiple devices or artifices to enter the Giveaway multiple times or as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities

will be disqualified in Sponsor's discretion. Proof of submission of an entry shall not be deemed

proof of receipt by the Sponsor.

 

All comments posted to enter the Giveaway must be in keeping with the Sponsor's and Host’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity's personal, intellectual property or property rights or any other third-party rights. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.

 

Neither Host, Sponsor nor its advertising and promotion agencies are responsible for lost, late,

incomplete, illegible, inaccurate, misdirected entries, or for any problems of any kind whether

mechanical, human or electronic, including, but not limited to, computer, telephone, cable,

network, satellite, electronic or Internet hardware or software malfunctions, failures,

connections, availability or garbled or jumbled transmissions, or service provider/Internet

accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor

reserves the right to suspend or terminate the Giveaway in the event of any such problem.

Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the

absolute right to determine if an entry is in compliance with these Official Rules without notice

to the person attempting to enter.

 

Use of Entrant Information. As permitted by law and in accordance with these Official Rules,

each Giveaway entrant agrees that Sponsor may use the information that entrant provides in connection with the Giveaway for the purposes and within the context of the Giveaway and for Sponsor's internal purposes.

Prizing. Ten [10] winners will each receive a $20 discount code to shop on www.scharffenberger.com. The aggregate ARV of each prize will not exceed $20. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. The winner is solely responsible for any costs and expenses due in connection with the prize not specified herein. The prize may not be transferred or assigned, except at the Sponsor's sole discretion. No cash value or substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable value. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. Receipt of the prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules. Sponsor will not replace a lost or stolen prize.

Selection of Winner and Notification. Each eligible entry submitted during the Giveaway Period will be entered into a random drawing to be held at the conclusion of the Giveaway Period. Ten (10) potential winners will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received during the Giveaway Period within forty-eight hours after the Giveaway Period ends. Odds of winning depend on the number of eligible entries received in the Giveaway Period. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry either fails to comply with these Official Rules prior to delivery of the prize, fails to respond to Sponsor’s communications regarding being selected as a potential winner, or refuses the prize or any portion thereof, the prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s discretion. An alternate winner will be selected at random from the remaining eligible entries until the prize has been awarded.

Sponsor will contact the potential winners via Instagram Direct Message from the @scharffenberger Instagram account, post and/or tagging within forty-eight hours after the random drawing to obtain additional information reasonably necessary to verify eligibility. The potential winner will be required to direct message (DM) Host with his/her contact details and provide the additional information requested by Host to verify eligibility. By direct messaging Host, Giveaway entrant warrants and represents to Host that the information contained in such direct message is true and correct in all material respects and that Host/Sponsor may rely on such information in its efforts to comply with applicable laws and regulations. It is acknowledged and understood that such information is being provided to Host/Sponsor and not to Instagram. The potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Host/Sponsor reserves the right to require the potential winner to show proof of identity prior to receiving any prize.

Upon contacting a potential winner and determining that he/she has met all eligibility requirements for the Giveaway, including without limitation the execution of an affidavit of eligibility and liability/publicity release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable, such individual will be declared the "winner" of the Giveaway.

Sponsor shall not be responsible for (i) the failure of a potential winner to receive Host's notification for any reason, or for the inability of such potential winner to respond to Host’s notification for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant; (iii) submissions and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.

Affidavit of Eligibility and Release/Delivery of Prize. The potential winner may be required to sign and return to Sponsor, within two (2) business days from the date the request is made, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable. If these documents are returned as undeliverable or if a potential winner fails to sign and return the affidavit of eligibility and liability/publicity release (if applicable), or fails to complete such other documents as Sponsor may reasonably require within the required time period, or if a potential winner does not meet the eligibility or other requirements of the Giveaway, the prize will be forfeited and an alternate potential winner will be selected at random from among all remaining eligible entries. The prize will be delivered by UPS or USPS delivery within three (3) weeks of Sponsor’s receipt of the documents that may be required by Sponsor to be completed and signed by the potential prize winner. Sponsor shall not be responsible for delivery of any documents and/or the prize or prize-related materials and information provided that they are sent to the addresses provided by the potential winner. Sponsor is not responsible for prize information or documents that are lost or misdelivered by the postal service or carrier to the extent applicable.

Release of Liability. Each Giveaway entrant agrees that Instagram, Host, Sponsor and their parent, subsidiaries or affiliated companies, their successors and assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Giveaway, or acceptance or use of the prize awarded, and/or based on publicity rights, defamation or invasion of privacy. Each entrant agrees to release and discharge, and hereby releases and discharges, Instagram, Host, Sponsor and Sponsor’s parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from any liability arising from or related to the Giveaway, personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) participation in the Giveaway and acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; (v) electronic or human error in the administration of the Giveaway or the processing of entries.

Indemnification. Each Giveaway entrant agrees to indemnify, defend and hold harmless Sponsor and Host, as well as Sponsor’s and Host’s parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in connection with entrant’s participation in the Giveaway or any Giveaway related activity, receipt, acceptance and/or use of the prize awarded, or any portion thereof, and/or any breach or alleged breach of any warranty or representation made by entrant in connection with the Giveaway.

Announcement of Winner. Host will post the winner’s Instagram username or handle on Instagram, www.instagram.com/scharffenberger.

Use of Winner’s Name and Likeness. By submitting an entry, each Giveaway entrant, acknowledges and agrees that, if selected as a winner, Host may post winner’s Instagram user name or handle on Instagram, www.instagram.com/scharffenberger and/or on Host’s other social channels. A winner who accepts the prize awarded will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.

Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Giveaway entrant who Sponsor determines, in its sole discretion, has (i) tampered with the entry process or the operation of the Giveaway or of any website owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (ii) was ineligible to participate in the Giveaway; (iii) submitted more than the allowed number of entries; or (iv) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer-generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Giveaway is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Giveaway.

Suspension/Amendments. Sponsor reserves the right to (i) suspend, cancel, terminate or modify the Giveaway without advance notice as required by law and/or in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor’s control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, and thereafter to re-commence such Giveaway, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances; and (ii) extend the Giveaway Period, by providing notice via Instagram if Sponsor determines, in its sole discretion, that an insufficient number of eligible Giveaway entries has been received or in the event of unexpected difficulties or other causes beyond Sponsor’s reasonable control.

Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.

Force Majeure. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, global pandemic, hurricane, war, terrorism, fire, riot, and earthquake, actions of governmental authorities outside the control of the Sponsor or other force majeure event shall not be considered a breach of these Official Rules.

Governing Law; Jurisdiction; Venue; Limitation of Liability and Damages. The laws of the State of Oregon govern all matters arising out of or relating to this Agreement without giving effect to conflicts of law principles thereof.  The parties submit to the exclusive jurisdiction of the state and federal courts in the State of Oregon for resolving any dispute arising out of or relating to this Agreement. ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

 

Winner’s Name. To obtain the name of the official winner(s) (after the conclusion of the Giveaway) or a copy of these Official Rules, send a self–addressed envelope with the proper postage affixed postmarked to: Scharffen Berger You Choose the Chocolate Giveaway, 2054 W. Ohio Street, Chicago, IL 60612. Please specify "Winner’s Names" or "Official Rules" in your request.