Official Rules for the Carnation Breakfast Essentials® Kellogg’s^® Frosted Flakes™ Flavored Nutritional Drink Sweepstakes

No Purchase Necessary. A Purchase Will Not Increase Your Chances Of Winning.

1. Eligibility:  The Sweepstakes is open only to legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years old. Employees of Nestlé HealthCare Nutrition, Inc., (“Sponsor”), or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution, or distribution of the Sweepstakes (collectively with Sponsor, the "Sweepstakes Entities"), and any of their respective parent and affiliate companies or subsidiaries, as well as the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee, are not eligible to enter or win. 
    
2. Entry Period:  The Entry Period begins at approximately 10 AM ET on June 27, 2022 and ends at 11:59PM ET on June 30, 2022 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
    
3. How to Enter:  Follow @carnationbreakfastessentials and @kelloggsfrostedflakes on Instagram, look for a post announcing the Sweepstakes during the Entry Period, like the post, and then tag at two (2) friends in the post. You’ll get one (1) entry for completing all three steps. Limit one (1) entry per tagged person/Instagram account. In order for your entry to be recognized, your Instagram account must be public and viewable by Sponsor. Message and data rates may apply to entries posted from a mobile device. By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Sweepstakes, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
    
4. Drawing:  On or about June 27, 2022, Sponsor will select five (5) winners in a random drawing of all entries received during the Entry Period. The odds of being selected depend on the number of entries received. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant to administer and fulfill this Sweepstakes. The potential winner will be contacted via a direct message and will be required to respond to the message within 2 days of notification. If the potential winner doesn’t respond within this time, Sponsor may select an alternate potential winner in his/her place in a random drawing of all remaining entries, if time permits.
    
5. Potential Winner Requirements:  A potential winner may be required to complete and return a declaration of eligibility and a liability/publicity release. If a potential winner fails to sign and return these documents within 2 days, Sponsor may select an alternate potential winner in his/her place in a random drawing of all remaining entries received. 
    
6. Prizes:  Five (5) winners will each receive three (3) 6-pack of Carnation Breakfast Essentials® Kellogg’s® Frosted Flakes™ Flavored Nutritional Drink. Approximate Retail Value (“ARV”): $30. Total ARV for all prizes: $150. Limit one (1) prize per person/account. Winners are responsible for all federal, state, and local taxes and all other costs and expenses associated with the prize not specified herein as being awarded. Sponsor reserves the right, at its sole discretion, to substitute a prize for one of equal or greater value for any reason. No cash equivalent will be awarded and prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion.  Each winner will have to provide a street address for delivery of his/her prize (no P.O. boxes). Shipping at Sponsor expense. Winner acknowledges that once the prize is shipped, Sponsor has no control over delivery or delivery time, and any loss or theft of prize once delivered will be the responsibility of the Winner, and no replacement prize will be supplied.
    
7. General Conditions:  In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to the owner of an online entry, the authorized account holder of the social media account used to enter will be deemed to be the owner. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
    
8. Release and Limitations of Liability:  By entering, you agree to release and hold harmless Sponsor, Instagram, their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
    
9. Privacy and Publicity:  Any information you submit as part of the Sweepstakes will be treated in accordance with Sponsor’s Privacy Policy. Except where prohibited participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
    
10. Disputes:  You agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved by a mutually agreed upon arbitrator in a binding arbitration in New Jersey. Each party shall bear its own costs and expenses including, without limitation, attorneys’ fees.  Each party shall bear an equal share of the arbitrator’s fees and the administrative fees and charges of the arbitration itself.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New Jersey.  
     
11. Winner Information:  For the names of the winners, send a request via direct message to @carnationbreakfastessentials. Requests must be received by June 27, 2022. 
     
12. Sponsor:  The Sweepstakes is sponsored by Nestlé HealthCare Nutrition, Inc., 1007 U.S. Highway 202/206, Building JR2, Bridgewater, NJ 08807. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.