MILKY WAY® 100th ANNIVERSARY CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.


  1. CONTEST DESCRIPTION: The MILKY WAY® 100th Anniversary Contest (the “Contest”) submission period begins on October 3, 2024 at 12:00:01 AM Eastern Time (“ET”) and ends on October 16, 2024 at 11:59:59 PM (ET) (the “Contest Period”). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Mars Wrigley Confectionery US, LLC (“Sponsor”), which shall be final and binding in all respects. This Contest is in no way sponsored, endorsed, or administered by Instagram. Instagram is completely released of all liability by each entrant in this Contest.

  2. ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or older at the time of entry. Employees of Mars Wrigley Confectionery US, LLC, its parent company, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, @georainbolt (“Influencer”) and each of their respective officers, directors and employees (collectively, “Contest Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.

    Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor.

  3. HOW TO ENTER:

    To enter the Contest, you'll first need to become a registered user of www.instagram.com (“Instagram”) or log into your Instagram account. If you do not have an account, go to www.instagram.com to create one. Instagram accounts are free. By submitting your information and creating an Instagram account, you agree to Instagram’s Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create an Instagram account or participate in this Contest.

    During the Contest Period, entrants must submit a photo outside at a location that can be geo-guessed (e.g. @georainbolt can guess your city, state based solely on the photo) without being too easy or too difficult, e.g. no obviously identifiable landmarks, buildings, monuments, etc. (such as Mount Rushmore, the Chicago Theatre or Washington Monument) visible and must not require a purchase to obtain the photo (i.e. admission fee) (the “Submission”) and post your Submission (including your photo) on Instagram along with the hashtag #MilkyWay100Contest (the “Required Hashtag”) and tag @milkywaybar and @georainbolt (the “Tags”). If you choose to enter via Instagram using your mobile phone, standard data fees may apply. See your wireless provider for pricing plan details.

    All Submissions must be posted to a non-private social media account and MUST include the Required Hashtag and Tags to be eligible as an entry into the Contest. By posting a Submission and using the Required Hashtag and Tags, you affirm that you have read, understand and agree to these Official Rules. Entrants understand that they are posting at their sole risk. Sponsor is not responsible for any claims arising from a comment, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media platform’s terms and conditions. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.

    Each Submission must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):

    • Submission must be posted to a non-private social media account;
    • Submission must be responsive to the call-to-action;
    • Entrant must be the rightful owner of the Submission, including the featured content of the Submission;
    • Submission must NOT contain any material that infringes or violates any right of a third-party including copyright, patent, trademark, trade secret or other proprietary rights. For example, Submission should NOT contain reference to sports team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies;
    • Submission may include the entrant themself, but may not feature any third party’s name, image, likeness or voice in the Submission;
    • Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of the Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
    • Submission must NOT contain any content that promotes any particular political agenda or message;
    • Submission must NOT contain any personal identification, such as personal names or e-mail addresses;
    • Submission must NOT communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
    • Submission must NOT violate any law;
    • Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music or include any easily recognizable landmarks (e.g. Mount Rushmore, Washington Monument, Empire State Building) or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; and
    • Submission must NOT contain any derogatory references to any of the Contest Entities.

    Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable or is in violation of any of the above Submission Requirements. Sponsor reserves the right to waive the Submission Requirements in its reasonable discretion.

    In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Incomplete entries will be disqualified. Proof of sending email is not considered proof of delivery to or receipt by Sponsor of such entry.

    Limit one (1) entry per person during the Contest Period. Entries received from any person or email address in excess of the limitation stated will be void.

  4. GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission, including the featured original artwork, in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other advertising and promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.

    Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.

  5. WINNER SELECTION AND NOTIFICATION: At the conclusion of the Contest Period a panel of judges, consisting of representatives of Sponsor, will review the eligible Submissions to determine the three (3) potential winners.

    The potential winners will be selected based on the following equally weighted judging criteria:

    1. Creativity/originality
    2. Quality
      • Photo must be well-lit and clear
    3. Ability to be geo-guessed without being too easy or too difficult
      • Photo must be taken outside
      • Photo must not be taken in front of an obviously identifiable landmark, building, monument, etc. (such as Mount Rushmore, the Chicago Theatre or Washington Monument) and must not require a purchase to obtain the photo (i.e. admission fee)
      • Photo must be taken on land or with land clearly visible (not in open water)
    4. Appropriateness/respectfulness
      • Photos should not be taken at places that could be considered inappropriate or disrespectful (such as cemeteries, war memorials or political protests)
      • Photos should not include any imagery, gestures or words that could be considered inappropriate, disrespectful, political or violent.
    5. Unbranded
      • Photos should not include any third-party branding, including on store fronts, clothing, hats or accessories.

    In the event of a tie, an additional, tie-breaking judge will determine the winner from among the tied entries using the judging criteria outlined herein. Sponsor reserves the right to not award all of the available prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. The decisions of Sponsor are final and binding on all matters relating to this Contest.

    Each potential winner will be notified by a direct message sent to the submitting Instagram and/or a comment on their Submission. In the event that any potential winner does not respond to any such notification within three (3) days of the date of issuance, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate winner may be chosen from among all remaining eligible entries. Each potential winner must provide their valid social security number on a completed W9 form and other identification to Sponsor and will be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity Release, within five (5) days of date of issuance (collectively, “Prize Claim Documents”). A disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate winner may be selected based on the judging results if all required documents are not properly executed and returned within the specified period of time. Refusal or return of such documents as non-deliverable or potential winner’s noncompliance with these Official Rules will also result in disqualification and forfeiture of the prize and, at Sponsor’s sole discretion, may cause an alternate potential winner to be selected from among all remaining eligible entries.

  6. PRIZES:

    Three (3) Prizes are available. Each Prize consists of $5,000 cash (to be awarded in the form of a check to the winner) and one hundred (100) MILKY WAY® bars (to be shipped directly to the winner). The approximate retail value (“ARV”) of each Prize is $5,180. The total ARV of all Prizes is $15,540.

    Additionally, the Influencer will attempt to geo-guess the location of each winner’s Submission based solely on the photograph. If the Influencer is able to successfully geo-guess the location associated with winner’s Submission, the Influencer will post a Congratulations “shout out” to the winner(s) on their Instagram feed (@georainbolt).

    EACH WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL VALUE OF THE PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER. LIMIT ONE (1) PRIZE PER PERSON.

  7. GENERAL CONDITIONS: By participating, each entrant agrees to release, discharge and hold harmless the Contest Entities and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing along with Meta, Inc. (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize.

    Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest(s) and, if terminated, at its discretion, select the potential winners for the applicable Contest(s) from all eligible, non-suspect Entries received for such Contest(s) prior to action taken using the winner determination procedure outlined above or as otherwise deemed fair and appropriate by Sponsor.

    CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

  8. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW JERSEY, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN WARREN COUNTY, NJ. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW JERSEY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN HACKETTSTOWN, NJ. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE CONTEST, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

  9. PRIVACY POLICY: Except as contemplated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the Sponsor’s privacy policy found at mars.com/privacy.

  10. WINNERS LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: MILKY WAY® 100th Anniversary Contest, Attn: Winners List, Attn: Winners’ List, 875 N Michigan Ave, Chicago IL 60610. All such requests must be received within six (6) weeks after the end of the Judging Period.

  11. SPONSOR: Mars Wrigley Confectionery US, LLC, 800 High Street, Hackettstown, NJ 07840.