Terms and Conditions

Terms of Use Agreement

Welcome to the Nielsen-Massey Vanillas website. This website is owned and operated by Nielsen-Massey Vanillas, Inc., Nielsen-Massey Vanillas International, LLC and their subsidiaries and affiliates (collectively “Nielsen-Massey”). By using our website, you are agreeing to comply with and be bound by the following Terms of Use. Please read them carefully. Your use of this website constitutes your agreement to the Terms of Use at the time of your visit. If you do not agree with any of these terms, please do not use this website. The term “Nielsen-Massey” or “us” or “we” or “our” refers to Nielsen-Massey Vanillas, Inc., Nielsen-Massey Vanillas International, LLC and their employees and affiliates. The term “you” refers to the user or viewer of our website.

Acceptance of Agreement

This Terms of Use Agreement (“Agreement”) governs your use of digital services, this website, mobile applications or other digital platforms (collectively “the website or Digital Services”) and your access to and use of the content, postings, links, pages, services, and /or other materials offered on the website, and any products purchased through this website. By accessing this website, you agree that you are bound by the Agreement and agree to all operating rules, if any, which may be published by Nielsen-Massey on the website. All these rules are incorporated into this Agreement by this reference. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, products or services provided by or through the website, and the subject matter of this Agreement.

Privacy

By accepting this Agreement and submitting your personal information on our website, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy. Please review our Privacy Policy contained in the website to better understand our privacy practices, which also govern your use of this website. Our Privacy Policy is incorporated by reference into this Agreement.

Use of Site, Ownership, Copyright and Trademark Rights

This website is not intended for use by or availability to Children. Nielsen-Massey does not seek or knowingly collect personal information from children. If you are under the age of 18, please do not use this website without adult supervision.

All content, graphics, design, compilation, Vanilla Vine newsletter, and other materials used or appearing on the website are the exclusive property of Nielsen-Massey or its licensors and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property rights) laws. Nielsen Massey®,Nielsen-Massey Vanillas Inc.® and its logo/shield are registered trademarks of Nielsen-Massey. Some material on the website may be owned by third parties and posted on the website by virtue of a license, grant or some other form of agreement between the third party and Nielsen-Massey. You are only authorized to visit, view and retain copies of pages of this website solely for your own individual (non-commercial) use. You may only copy, download or print materials contained in the website for your own personal, non-commercial use and without modifying or altering the materials or any proprietary, copyright, or trademark notices or disclaimers. The copying, downloading, printing, redistribution or republication of any material contained in this website for any commercial purpose is strictly prohibited without the express, written permission of Nielsen-Massey. You do not acquire ownership rights or license to any content, document or other materials viewed through or downloaded from the website. Except as expressly provided herein, you may not use, download, upload, post, copy, reproduce, print, modify, transmit, display, probe, scan or test the vulnerability of the website, not attempt to breach the security or bypass any authentication measures, not upload any viruses or other malicious code, not use any means to collect information or content from the website, redeliver using “framing technology,” create any derivative works based on, distribute, sell, license or otherwise commercially exploit in any way any material, content, or products on the website without the express, written permission of Nielsen-Massey. The posting of information or materials on this website by us does not constitute a waiver of any of our rights in such information and materials.

Third Party Intellectual Property Rights

You may not use this website to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have permission of the owner; or (iii) infringes on the intellectual property rights of others or violates the privacy or rights of publicity others.

If you believe that any content or material contained on this website constitutes a copyright infringement, please notify us at info@nielsenmassey.com and provide us with a written explanation of the alleged infringement.

Links to Other Sites

Nielsen-Massey provides links to other websites. Links to such websites are provided as a convenience to you and your use shall be at your own risk. Nielsen-Massey does not endorse linked sites and Nielsen-Massey is not responsible for the content or practices of any linked site. The content of the linked site and your use of the linked site are governed in accordance with the terms of use for those websites. You should refer to each such website’s individual terms of use and not rely on this Agreement when accessing a linked site. IN NO EVENT WILL NIELSEN-MASSEY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATED TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY CONTENT, MATERIAL, OR PRODUCTS ON ANY LINKED WEBSITE.

Electronic Communications

The Digital Services may include the option to enter into agreements or transactions and make purchases electronically. You agree to the use of electronic records and signatures in association with the Digital Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Digital Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Digital Services. You may have a legal right to receive certain information from us in writing. You agree that we may e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for Nielsen-Massey to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed on the Digital Services. You confirm that you have to ability to access and retain e-mails.

Mobile Services Terms and Conditions

Some of our Digital Services may enable you to send or receive SMS/text messages to or from mobile services. You understand and agree that standard text message rates, as charged by your carrier, may apply. You agree that for SMS/text messages that you send to us, you will only send SMS/text messages via the Digital Services to phone numbers and devices registered in your name and that you will not initiate messages to devices of any other person or entity.

You may be able to download and install certain Digital Services to your mobile device from an app store (“Platform”). These Terms and Conditions of Use constitute an agreement between you and Nielsen-Massey only, and not with the provider of the Platform. Platform providers are not:

  • Responsible for the Digital Services
  • Responsible for providing any maintenance or support for the Digital Services
  • Responsible for the review, defense, settlement, or satisfaction of claims resulting from the infringement of third party intellectual property rights; or
  • Obliged to react on claims brought against them by you or a third party in connection with the Digital Services.

To the fullest extent permitted by law, Platform providers do not assume any warranty regarding the Digital Services. Platform providers and their subsidiaries are beneficiaries of the Privacy Policy and these Terms and Conditions of Use and are, after acceptance by you in connection with the access to and use of Digital Services available on Platforms, therefore entitled to (and this right is deemed to have been accepted) derive rights from these Terms and Conditions of Use and raise claims against you.

OTHER USER GENERATED CONTENT

Nielsen-Massey is not responsible for the content of posts, uploads, Feedback, or other communications posted by other users. Nielsen-Massey reserves the right to delete, move or edit content of any such communications that Nielsen-Massey, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Nielsen-Massey is not responsible for such third party communications, does not endorse, adopt or sponsor any third party statements, and is not obligated to respond to or correct misstatements made by third parties. Nielsen-Massey is not liable for the content of any such communications, whether or not implicating the laws of copyright, trademark, libel, privacy, obscenity, or otherwise.

Revision of Agreement/Revision or Termination of Website

This Agreement may be revised, modified, or amended at any time by us from time to time without specific notice to you. Such revision, modification, or amendment may impose new or additional terms and conditions on your use of the website which shall be effective immediately and incorporated into this Agreement when posted by Nielsen-Massey to this website. You should review the latest postings on each visit to our website. Please note: your use of the website following such revision, modification or amendment indicates your acceptance to such revision, modification or amendment.

Nielsen-Massey also has the right, at any time, to modify or discontinue, temporarily or permanently, the website and/or to refuse or restrict anyone from access to the website, with or without notice and in its sole discretion. Nielsen-Massey shall not be liable for any modification, suspension or discontinuance of the website.

Warranty Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, AND CONTENT ON THIS WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, INFORMATION AND CONTENT, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. NIELSEN-MASSEY MAKES NO REPRESENTATION OR WARRANTIES THAT ACCESS TO ITS WEBSITE WILL BE AVAILABLE ON A CONTINUOUS OR TIMELY BASIS, WILL BE SECURE, UNINTERRUPTED OR WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIELSEN-MASSEY HAS NOT REVIEWED THE ACCURACY OF THE CONTENT OF ANY WEBSITE LINKED TO THIS WEBSITE, IT MAKES NO ENDORSEMENT, EITHER EXPRESS OR IMPLIED, OF ANY WEBSITES LINKED TO THIS WEBSITE, AND YOUR USE OF SUCH LINKS IS AT YOUR OWN RISK. THE MATERIAL PRESENTED ON THIS WEBSITE IS FOR GENERAL INFORMATION ONLY. SHOULD YOU WISH TO PURCHASE A PRODUCT OR SERVICE, PLEASE CONTACT A REPRESENTATIVE OF NIELSEN-MASSEY FOR FURTHER INFORMATION. IN THE EVENT THAT YOU PURCHASE ANY OF OUR PRODUCTS OR SERVICES, WHETHER DIRECTLY THROUGH THIS WEBSITE, THROUGH ONE OF OUR SALES PREPRESENTATIVES, OR THROUGH A LINK DIRECTLY (eg. AMAZON) OR TO ANOTHER VENDOR OR AUCTION WEBSITES, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO SUCH PURCHASE.

Please note that some jurisdictions do not allow exclusion of implied warranties, so the above may not apply to you.

Limitation of Liability

IN NO EVENT SHALL NIELSEN-MASSEY OR ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES DESCRIBED OR SOLD ON THE WEBSITE, OR ANY INFORMATION. CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY OR PERSONAL INJURY, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL NIELSEN-MASSEY’S OR ITS AFFILIATES’, DIVISIONS’, SUBSIDIARIES’ OR THEIR RESPECTIVE OFFICERS’, DIRECTORS’ OR EMPLOYEES’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE OR ANY OF THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY.

Please note that some jurisdictions do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, Nielsen-Massey’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification by You

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NIELSEN-MASSEY AND ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, MISUSE OF OR INABILITY TO USE, THE WEBSITE, DIGITAL SERVICES, MOBILE APPLICATIONS, THE PRODUCTS, THE CONTENT, INFORMATION, OR MATERIAL CONTAINED, DISPLAYED OR AVAILABLE ON THE WEBSITE.

Choice of Law

The website is controlled by Nielsen-Massey from within the State of Illinois, USA. All matters relating to the Website, Digital Services and these Terms of Use, and any dispute or claim arising therefrom related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Digital Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts..

Dispute Resolution

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, CONTROVERSITY OR DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITE, DIGITAL SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHR TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERRUPTION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF THE FOREGOING) (EACH, A “DISPUTE”) MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSEE. YOU AGREE THAT YOU MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Waiver and Severability

No waiver by Nielsen-Massey of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nielsen-Massey to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms of Use will continue in full force and effect.

Separate Entities

Nielsen-Massey Vanillas, Inc., Nielsen-Massey Vanillas International, LLC and their subsidiaries and affiliates are separate entities and none of the entities assume the obligations or liabilities of the other entity. The ownership and operation of this website by the entities does not, and shall not, constitute or imply anything to the contrary.

Miscellaneous

Headings

The section headings in this Agreement are for convenience only and have no legal effect.

Nielsen-Massey DMCA Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”), Nielsen-Massey will respond expeditiously to claims of copyright infringement concerning the Digital Services that are reported to Nielsen-Massey’s Designated Copyright Agent, identified below.

Notifying Nielsen-Massey of Copyright Infringement

To provide Nielsen-Massey with notice of an infringement, you must provide a written communication to the attention of Nielsen-Massey’s Designated Copyright Agent at Nielsen-Massey Vanillas Inc., 1550 Shields Drive, Waukegan, Illinois USA 60085, that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Your notice will need to include:

  • A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon
  • Identification in sufficient detail of the work allegedly infringed upon
  • Identification of the allegedly infringing material on the Digital Services including the specific location of the material so that Nielsen-Massey can find it
  • The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and e-mail address
  • A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.

You may also deliver the above information by mail to Nielsen-Massey’s Designated Copyright Agent at the address below.

Nielsen-Massey Vanillas Vanilla Bliss Prize Pack Giveaway Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations and ordinances. The Nielsen-Massey Vanillas Vanilla Bliss Prize Pack Giveaway (the “Sweepstakes”) begins on March 1, 2025 at 12:00 a.m. Central Daylight Time (“CDT”) and ends on April 30, 2025 at 11:59 p.m. CDT (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.

BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR A CLASS ACTION AND JURY TRIAL WAIVER AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, META PLATFORMS, INC. (INCLUDING FACEBOOK AND INSTAGRAM), YOUTUBE, GOOGLE, AND TIKTOK PLATFORMS.

  1. SPONSOR: The Sponsor for this Sweepstakes is Nielsen-Massey Vanillas Inc., 1550 Shields Drive, Waukegan, Illinois USA 60085(“Sponsor”).
  2. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents of the 50 United States and Washington, D.C. who are 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) at the time of entry (each, an “Entrant”). Employees, officers, directors and agents of Sponsor, any other company involved in the presentation, administration or fulfillment of the Sweepstakes, and/or their respective subsidiaries, affiliated companies and divisions (collectively, the “Sweepstakes Entities”), and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
  3. HOW TO ENTER: During the Sweepstakes period, visit https://nielsenmassey.com/terms-and-conditions/ and subscribe to the Nielsen-Massey Vanillas email list (“Email List”) by providing your email address and clicking “submit” and remain an active subscriber to the Email List throughout the Sweepstakes Period and winner selection date. Individuals who are already subscribed to the Email List as of the start date of the Sweepstakes Period will be automatically entered into the Sweepstakes, and must also remain an active subscriber to the Email List throughout the Sweepstakes Period and winner selection date. By being an active subscriber to the Email List or subscribing to the Email List during the Sweepstakes Period, you will automatically be entered with one (1) entry into the Sweepstakes. Entrants must continue to subscribe to the Email List until a winner has been selected in order to remain eligible in this Sweepstakes. If you do not wish to participate in the Sweepstakes, you may contact info@nielsenmassey.com.com prior to the end of the Sweepstakes Period with a request to be removed from the Sweepstakes. By entering the Sweepstakes, you are agreeing to receive marketing emails from Sponsor. You may unsubscribe from these marketing emails at any time by following the link to “unsubscribe” contained within any such email. Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via the email address used to subscribe to the Email List. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES IN EXCESS OF THE LIMIT MAY BE DISQUALIFIED.Automated and/or third-party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s and/or Administrator’s discretion. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to win.
  4. SELECTION OF WINNERS: On or about May 5, 2025, Sponsor will select the names of potential winners of prizes in a random drawing from among all eligible entries received.  The odds of winning are based on the number of eligible entries received.  The potential winners will be notified on or about May 15, 2025 by phone or at the email address used to subscribe to the Email List. Prize winners who were already subscribed to the Email List will be required to review and agree to these Official Rules prior to being confirmed as a winner in the Sweepstakes. If a potential winner cannot be contacted via phone or email after the first attempt to contact them, or if they fail to review and agree to the Official Rules or any other documentation that Sponsor may require within the required time period (if applicable), if the potential prize winner is not actively subscribed to the Email List throughout the Sweepstakes Period and winner selection date, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Sponsor will conduct ten (10) alternate winner drawings per prize, if necessary.  If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if they fail to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award any or all of the prize(s).Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
  5. PRIZES: Five (5) prize winners will each win one (1) prize. Each prize consists of the following products: one (1) Pure Vanilla Extract 4oz,one (1)Pure Vanilla Paste 4oz, one (1) Madagascar Bourbon Pure Vanilla Extract 4oz, one (1) Madagascar Bourbon Pure Vanilla Bean Paste 4oz, and one (1) package Madagascar Bourbon Beans (2 beans). Approximate Retail Value (“ARV”) of each prize $140 USD. Total ARV of all prizes to be awarded: $700. Limit one (1) prize per person. PRIZE RESTRICTIONS: Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at their discretion. Sponsor will not replace any lost or stolen prizes. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of their control. If a fulfilling merchant cancels the order for reasons out of Sponsor’s control, the prize will not be delivered and no additional compensation will be provided.
  6. GENERAL CONDITIONS: Sweepstakes participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and/or all media) contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or to undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error that may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Sweepstakes and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.LIMITATION OF LIABILITY AND RELEASES:BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT SWEEPSTAKES ENTITIES, META PLATFORMS, INC. (INCLUDING FACEBOOK AND INSTAGRAM), YOUTUBE, GOOGLE, AND TIKTOK PLATFORMS), AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
  7. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), PRIZE INFORMATION, QUOTES ATTRIBUTABLE TO WINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND ALL PRIZES, 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  8. DISPUTES. This Sweepstakes is governed by the laws of the United States. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate United States District Court in Illinois or the appropriate State Court located in Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois.
  9. SEVERABILITY: If any term or provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed, and the remainder of these Official Rules shall continue in full force and effect.
  10. PRIVACY: Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://nielsenmassey.com/privacy-policy/.
  11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules or for a list of winners available after winners have been confirmed, send a self-addressed, stamped envelope to: Nielsen-Massey Vanillas Inc., 1550 Shields Drive, Waukegan, Illinois USA 60085 no later than 2 months after the end of the Sweepstakes Period (for Official Rules) or no later than 6 months after the end of the Sweepstakes Period (for the list of winners). Vermont residents may exclude return postage on requests for Official Rules.

Copyright ©2024Nielsen-Massey Vanilla, Inc. All rights reserved.

Questions
If you have any questions regarding this Terms of Use Agreement, you may contact us at info@nielsenmassey.com or at the following address and phone number:

Nielsen-Massey Vanillas Inc.
1550 Shields Drive
Waukegan, Illinois USA 60085

Telephone: 847-578-1550
800-525-PURE (7873)

This Terms of Use Agreement was last modified on November 2024.