Delivering Warm Moments 2020 Contest Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility
The Delivering Warm Moments Social Campaign (the "Contest") is open to legal residents of the United States, who are at least eighteen (18) years old at the time of entry. Employees of Insomnia Cookies and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Prior to being eligible to receive any Prize (as defined in Section 9), a Nominee (as defined in Section 5) who has been selected as a potential winner (and has agreed to participate in the Contest) must provide the Sponsor with any information or certificates needed by the Sponsor, in its judgment. Without limiting the foregoing, a person who was selected as a Winner of the Contest may be required to complete and electronically sign 1) an Affidavit of Eligibility (as set forth on Exhibit A), and 2) any other document the Sponsor determines is required, necessary or appropriate, in its judgment to confirm each Winner’s eligibility and for tax reporting purposes. The Contest is subject to federal, state, and local laws and regulations.
2. Sponsor
The Contest is sponsored by Insomnia Cookies (the “Sponsor”), located at 10 Campus Boulevard, Newtown Square, Pennsylvania 19073.
3. Agreement to Official Rules
Participation in the Contest constitutes Nominator’s and Winner’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. A Nominee’s winning a Prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on May 4, 2020 at 12 p.m. Eastern Daylight Time (“EDT”) and ends on May 12, 2020 at 11:59 p.m. EDT (the "Contest Period"). Sponsor’s computer is the official time-keeping device for the Contest. Entries (as defined in Section 5) that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods:
Online
5. How to Enter
Online: During the Contest Period, Nominators (as defined herein) must do all of the following (collectively, the “Entry”):
Limit one (1) Entry per Nominator for the duration of the Contest Period. All Entries must be complete to be eligible. Entries received from any person in excess of the stated limitation will be void. All Entries become the property of Sponsor and will not be acknowledged or returned.
6. Winner Determination
Winners will be determined according to the process set forth below.
Judging Phase: A panel of judges, as selected by Sponsor in its sole discretion, will select from all eligible Entries, winners (the “Winners”), based on the following criteria:
i. Fit to Contest Requirements
ii. Contributions to Community Health, Wellbeing or Education
iii. Signature of the Affidavit of Eligibility, Indicating Consent to Participate
Sponsor will not disclose runners-up.
7. Winner Selection
During the Contest Period, five (5) Entries per week will be selected. Sponsor will make selections on May 13, 2020, for a total of ten (10) Winners from among all eligible Entries received. The odds of being selected depend on the number of Entries received. The Sponsor will attempt to contact Nominators directly via their email addresses from their Entry. Nominators shall work with Sponsor to notify Winners of their status as Winners. If the Nominators or Winners cannot be contacted within two (2) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place from the remaining non-winning, eligible Entries.
8. Winner Notification
Each potential winner of the Contest must comply with the requirements set forth in Section 1. Failure to comply with such requirements within two (2) days of the date of notice or attempted notice, or if a potential winner or Nominator cannot be contacted, potential winner forfeits Prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the Prize in the name of his/her parent or legal guardian, who will be required to sign the affidavit of eligibility on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will select an alternate potential winner in his/her place from the remaining non-winning, eligible Entries. Only three (3) alternate drawings will be held, after which the Prize will remain un-awarded. Prizes will be fulfilled approximately one (1) week after the conclusion of the Contest.
9. Prizes
Prizes (10): Each Winner shall receive a "Cookie Care Package," the contents of which shall be determined by Sponsor in its sole discretion and which shall have a maximum market retail value of eighty dollars ($80.00) (each, a "Prize"). No substitution or transfer of any Prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the Prize (or portion of the Prize) is unavailable. Prizes and Prize components may be substituted for any reason at the discretion of Sponsor. All federal, state and local taxes are the sole responsibility of the Grand Prize Winners.
10. Publicity
Acceptance of any Prize by Winner shall constitute and signify the Winners' agreement and consent that Sponsor and its designees may use such Winner's name, city, state, likeness, photo, Submission (as defined below), and/or Prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
11. Ownership of Submission
By accepting a Prize and participating in the Contest, each Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to such Winner’s participation in the Contest, which may include, but not be limited to, a photograph (of Winner's choosing with Winner’s express consent) of the Winner and/or the Cookie Care Package which is delivered to them as their Prize (each, a “Submission”) and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. By participating in the Contest, each Winner and Nominator will indemnify Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
12. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the Prize to an alternate winner from among the eligible, non-suspect Entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
13. Release and Limitations of Liability
By participating in the Contest, Nominators and Winners agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the Winners, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of Entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Nominators’ and Winners’ participation in the Contest or acceptance, receipt or misuse of the Prize (including any travel or activity related thereto). Nominators and Winners further agree that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall Nominator nor Winner be entitled to receive attorney's fees. 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. Nominators and Winners waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
14. Disputes
Except where prohibited, each Nominator and Winner agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Pennsylvania. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Nominators’ and Winners’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Pennsylvania, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Pennsylvania. Each Nominator and Winner agrees that any cause of action arising out of or in connection with the Contest, or the Prizes awarded in connection there with, shall be resolved individually, without resort to any class or collective action.
15. Privacy
Information collected from Nominators and Winners is subject to Sponsor's privacy policy, which can be found at https://insomniacookies.com/privacy.
EXHIBIT A
Affidavit of Eligibility
STATE ____________________
COUNTY OF ___________________
I _____________________________________, depose and say that:
I am at least 18 years of age. My telephone number is ______________________;
I am submitting this Affidavit of Eligibility to Insomnia Cookies, with the understanding that it will be relied upon by Insomnia Cookies in connection with my having been selected as one of the winners of the Delivering Warm Moments Contest;
I represent that I am eligible to win the Delivering Warm Moments Contest;
I represent that I satisfy all eligibility requirements set forth in the Official rules, which I acknowledge having read and understood, and any other requirements imposed by applicable law;
I represent that I am at least 18 years of age at the time of entry, and I am not an employee of Insomnia Cookies or other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies as well as immediate family (spouse, parents, siblings, children) and household member of each such employee that are not eligible.
I hereby represent and affirm that I have read, have complied with, and will continue to comply with all the rules, regulations, terms and conditions set forth in the Official Rules;
I have not perpetrated and will not perpetrate any fraud or deception in connection with the sweepstakes and have not sought to influence the outcome other than by participating as expressly permitted in the Official Rules;
I have been given a full opportunity to review and analyze the Official Rules. I fully and completely understand all of the terms of this Affidavit and sign it voluntarily, freely, and knowingly.
Oath and Affirmation:
I certify under penalty of perjury under [state of residence] _______________________ law that I know the contents of this Affidavit signed by me and that the statements are true and correct.
__________________________________
Print Name
__________________________________
Signature
__________________________________
Date