Fifth Element Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This Campaign is open only to those who submit their entries to @cacaolaboratory on Instagram and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of the United States, Canada, and the European Union and is void where prohibited by law. Employees of Cacao Laboratory, LLC (“Cacao Laboratory”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Cacao Laboratory as final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted online starting on Friday, September 16th, 8AM, EST and ending on Monday, October 17th, 11PM, EST. All online entries must be received by Monday, October 17th, 11PM, EST.
- How to Enter: The Campaign must be entered by submitting an entry using a collaborator post on Instagram. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Cacao Laboratory.
- Prizes: The Winner(s) of the Campaign (the “Winner”) will receive free monthly cacao kilo shipments for one (1) year. This is defined as one kilogram bar of cacao per month, shipped to the winner, free of charge for twelve (12) months, starting the first month after the declaration of a winner. Approximate cash value is $800. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Cacao Laboratory. No cash or other prize substitution shall be permitted except at Cacao Laboratory’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Cacao Laboratory to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected by community vote on Instagram, with one (1) “like” constituting one (1) point and one unique comment constituting two (2) points. No secondary comments in response to the unique parent comment will receive any point value. The tally will be conducted under the supervision of Cacao Laboratory. The Winner will be announced on Instagram after the Winner has claimed the prize; the Winner will be notified by Instagram message within five (5) days following selection of Winner. Cacao Laboratory shall have no liability for Winner’s failure to receive notices due to spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT CACAO LABORATORY’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By submitting this content (e.g., photo, video, text, etc.), You understand and agree that Cacao Laboratory or anyone acting on behalf of Cacao Laboratory and Cacao Laboratory’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Cacao Laboratory. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Cacao Laboratory from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Cacao Laboratory may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Cacao Laboratory reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Cacao Laboratory’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Cacao Laboratory may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Cacao Laboratory. Cacao Laboratory reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Cacao Laboratory has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Cacao Laboratory reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless Cacao Laboratory and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her 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 Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND NEW JERSEY WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New Jersey having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Cacao Laboratory, LLC, 700 Route 46 W, Unit #3, Clifton, NJ 07013, USA. Requests must be received no later than October 31, 2022, 5 PM EST.
- Sponsor: The Sponsor of the Campaign is Cacao Laboratory, LLC, 700 Route 46 W, Unit #3, Clifton, NJ 07013, USA.
- Facebook and Instagram (Meta): The Campaign hosted by Cacao Laboratory is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or Meta.