ALDI Halloween Costume Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

By participating in The ALDI Halloween Costume Contest (the “Contest”), each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules (“Official Rules”) and the decisions of ALDI, Inc. (the “Sponsor”), which shall be final and binding in all respects.

CONTEST ENTRY PERIOD: The Contest begins at 10:00:00 AM Central Time (“CT”) on Friday, October 25, 2024 and ends at 11:59:59 PM CT on Friday, November 1, 2024 (the “Contest Period”). The Sponsor’s computer is the official timekeeping device for this Contest.

ELIGIBILITY: The Contest is open to legal residents in the forty-eight (48) contiguous United States and District of Columbia (excludes Alaska and Hawaii) who are eighteen (18) years or age or older at time of entry. Employees of the Sponsor and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Ten (10) prizes are available to be won. Nine (9) prize winners will receive a one hundred ($100) dollar ALDI gift card. One (1) grand prize winner will receive a five hundred ($500) dollar ALDI gift card.Total ARV of all prizes is $1,400.00. Odds of winning depend on total number of eligible entries received. Unclaimed prizes (or in the event of insufficient eligible entries) will not be awarded. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winner. Limit one (1) prize per person. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash

HOW TO ENTER THE CONTEST: During the Contest Period, you may enter the contest via Instagram by logging into or creating an Instagram account and following the submission guidelines below.

On a public Instagram page, post a photo of a person or animal wearing an ALDI themed Halloween costume.
In the post copy, use the hashtag #ALDIHalloweenCostumeContest (the “Hashtag”) and tag @ALDIUSA (the “Contest Instagram Page”).
Follow the Contest Instagram Page.

You must follow the above for your Submission to be eligible as an entry in the Contest. Instagram account registration and following the Contest Instagram Page is free.

All Contest Entries must be received between 10:00:00 AM CT on Friday, October 25, 2024 and 11:59:59 PM CT on Friday, November 1, 2024. There is no limit of costume Contest Entries per person but limit of one Prize per person. Entrants are only eligible for one prize per person. Each Contest Entry must relate to ALDI.

Entrants are subject to all notices posted online, including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.aldi.us/en/online-privacy-notice/.

All Contest Entries must comply with the following minimum guidelines to be eligible:

Submissions must be posted to a public Instagram Page; account associated with this Contest can be obtained for free at the social media platform or in the applicable app store;
Submission must feature a person or animal in a Halloween costume correlating to ALDI;
Entrant must be the rightful owner of the Instagram account associated with the Submission;
Submission must comply with the Instagram terms and conditions as posted on its platform;
Submission must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret, publicity or other proprietary rights, other than those belonging to Sponsor;
Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of the Promotion 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 derogatory references to any of the Promotion Entities.

By submitting a Contest Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry photo and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Contest Entry.

By submitting a Contest Entry, Entrant warrants and represents that: (a) Contest Entry and Photo do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Photo; (c) Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if the Photo was photographed by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Contest Entry, or Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Contest.

JUDGING & WINNER DETERMINATION: Following the Contest Period, all eligible Contest Entries received during the Contest Period will be judged by an independent panel appointed by the Sponsor, who shall use the criteria set forth below (collectively, the “Judging Criteria”) to determine the winners of the 100 ($100) dollar prize:

Photo submission shows creativity in displaying their genuine love and passion for ALDI (75%)
Quality and originality of photo (25%)

The Contest Entry that receives the highest total score based on the Judging Criteria will be deemed the potential Grand Prize winner. In the unlikely event of a tie, the tied Contest Entry with the highest score in Criterion A above will be deemed the potential Grand Prize winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Grand Prize winner from among the tied entries, the highest score in Criterion B will determine the potential Grand Prize winner. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the Judging Criteria.

JUDGING & WINNER DETERMINATION FOR GRAND PRIZE: Following the Contest Period, all eligible Contest Entries received during the Contest Period will be judged publicly on the Contest Instagram Page through Instagram Story polls. The public will vote via brackets: one entry versus another until one grand prize winner is voted. The grand prize winner will receive an ALDI gift card valued at 500 ($500) dollars.

In the unlikely event of a tie, a tie breaker poll will be based of original score where the Entrant with the highest score will be awarded the Grand Prize.

WINNER NOTIFICATION & VERIFICATION: The ten (10) winners will be notified on or about Monday, November 11, 2024, by the Sponsor via Stories on the Contest Instagram Page. On or about Friday, November 15, 2024, winners will be sent a Direct Message (“DM”) by the Sponsor from the Contest Instagram Page and be informed whether they won a one hundred ($100) dollar ALDI gift card or five hundred ($500) dollar ALDI gift card. Winners must respond within forty-eight (48) hours of the DM to verify their eligibility and claim the prize. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of the initial DM, the Sponsor may, in its discretion DM the potential winner again to provide potential winner with an additional twenty-four (24) hours to respond via DM or their prize will be forfeited and it will go unawarded. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified, and the prize will go unawarded.

PRIZE CONDITIONS: If a prize notification is returned as undeliverable, or if Grand Prize winner or Partner is found to be ineligible or not in compliance with these Official Rules, the Grand Prize winner will be disqualified, and the prize may be awarded to an alternate winner who received the next highest judging score. If Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).

The Grand Prize is not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

Grand Prize winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.

Except where prohibited by law, entry and acceptance of prize constitute permission to use Grand Prize winner’s name, prize won, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Sponsor and release and hold the Sponsor and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Nine (9) winners and one (1) Grand Prize winner assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize.

No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.

Although subsequent attempts to submit a Contest Entry may be received, only one complete Contest Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate Instagram account, will not be eligible for duplicative prizes. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest.

In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant and void any Contest Entries of said person.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Kane County, Illinois and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Kane County, Illinois. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Kane County, Illinois. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY: Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.aldi.us/en/online-privacy-notice/.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by November 1, 2024, to: Everhart Official Halloween Rules Request, 1245 Corporate Blvd. Aurora, IL 60505

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after November 15, 2024), send a stamped, self-addressed envelope (no later than December 15, 2024) to: Everhart Halloween Winner Confirmation Request, 1245 Corporate Blvd. Aurora, IL 60505