Delish Design Art Contest 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 Delish Design Art Contest (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, an Entrant (as that term is defined in Section 5 herein) who has been selected as a potential winner of the Contest may need to 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, (which shall include, among other things, an affirmation of the representations and warranties contained in Section 6 hereof), and 2) any other document the Sponsor determines is required, necessary or appropriate, in its judgment to confirm the 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 Entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. 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 February 24, 2021 at 12:00pm Eastern Standard Time (“EST”) and ends on March 11, 2021 at 11:59pm EST (the "Submission Period"). Sponsor’s computer is the official time-keeping device for the Contest. Entries that are submitted before or after the Submission Period will be disqualified. Submissions will be accepted for the duration of the Submission Period using any of the following methods:
Online
5. How to Enter
Online: During the Contest Period, Entrants (as defined herein) must satisfy all of the following (collectively, the “Entry”):
Limit one (1) Entry per person 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. The person uploading the Entry will be deemed the Entrant (the “Entrant”).
6. Design Requirements / Entrant’s Representations and Warranties
Each Entrant represents and warrants that his/her submitted Design meets all of the following criteria:
(i) the Design shall not show, contain, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character; however, the Design may show, contain, depict refer or otherwise allude to the name or logo of Sponsor;
(ii) the Design shall be Entrant’s own original work, created solely by Entrant and not created professionally; shall not have been previously published, released or distributed in any form; shall not have won any award;
(iii) the Design shall not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity, and does not depict any individual who has not granted express written consent to be featured;
(iv) the Design shall not contain, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive, or otherwise contain inappropriate content or objectionable material, as determined by Sponsor in its sole discretion;
(v) the Design shall not promote alcohol, illegal drugs, tobacco, vaping, firearms or weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message;
(vi) the Design shall not in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products/services, or other people or entities, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor is or wishes to be associated, as determined by Sponsor in its sole discretion;
(vii) the Design shall not contain any personal identification, such as personal names, email addresses or street addresses;
(viii) the Design is not the subject of any actual or threatened litigation or claim;
(ix) the Design shall not depict and shall not itself be in violation of any law; and
Sponsor reserves the right to disqualify any Design that Sponsor determines, in its sole discretion, does not comply with any of these Official Rules, that otherwise contains prohibited or inappropriate content, or is part of an otherwise incomplete Entry.
In addition to the foregoing, the Winners (as defined in Section 9 below) must, upon request from Sponsor, submit their Design in a 10” x 8” .eps or pdf format, with a 300 DPI resolution or higher.
7. Winner Determination
Winners will be determined according to the process set forth below.
Judging Phase: A panel of qualified judges, as determined by Sponsor in its sole discretion, will select eight (8) potential winners (the “Finalists”) from all valid Entries based on the following criteria (collectively, the “Judging Criteria”):
Instagram Story Poll Phase: The Finalists will be placed in a single elimination-style bracket, which Sponsor shall make public and available on Sponsor’s Instagram page (the “Bracket”). In placing the first-round match-ups and determining which Finalists are to be paired with each other in the Bracket, Sponsor shall use a computerized random–number generator to randomize the Bracket matchups.
Bracket Winner Determinations: According to the schedule described below, Instagram users will be able to access the Bracket, populated with the first-round match-ups, on Sponsor’s Instagram Stories as a voting poll (each a “Poll”) and participate in the bracket voting rounds (the “Bracket Voting Rounds”). At the conclusion of each Bracket Voting Round, the Design that receives the most votes in each match-up will advance to the next round on the Bracket (a “Match-Up Winner”). In the event of a tie, the Sponsor will, applying the Judging Criteria, break the tie by selecting, in its sole and absolute discretion, the Match-Up Winner. The Match-Up Winner of the final Bracket Voting Round will have the opportunity to have their Design selected for use on Sponsor’s tote bag.
Bracket Voting Rounds Schedule:
The Contest is not endorsed, administered or sponsored by Instagram. The odds of being selected to be a Finalist or a Winner depend on the number of entries received. Each person may vote one (1) time during each Bracket Voting Round. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Entrant or voter to influence voting by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for any Design and Entrant may be disqualified as determined by Sponsor in its sole discretion.
8. Winner Notification
Potential winners will be notified by Sponsor using the contact information that Entrants provided as part of their Entry. Each potential winner of the Contest must (i) comply with the requirements set forth in Section 1, and (ii) submit their Design to Sponsor in a 10” x 8” .eps or pdf format with a resolution of 300 DPI or higher. Failure to comply with such requirements within five (5) days of the date of notice or attempted notice, or if a potential winner 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 may 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.
9. Prizes
(a)All Match-Up Winners of Round One (1) (i.e., the four semi-finalists, except for the First Prize Winner, as defined below) shall receive one (1) one-hundred dollar ($100.00) Insomnia Cookies gift card, redeemable at any Insomnia Cookies retail location, online at www.insomniacookies.com, or through the Insomnia Cookies app for pick-up, delivery or nationwide shipping. (the “Second Prize Winners” and each, a “Winner”).
(b)The Match-Up Winner of Round Three (3) (the “First Prize Winner” and “Winner”) shall receive (i) the opportunity to have their Design featured on a tote bag that will be available for purchase by the general public on the Insomniac Shop (http://theinsomniacshop.com), (ii) one thousand dollars ($1,000), (iii) one (1) one-hundred dollar ($100.00) Insomnia Cookies gift card, redeemable at any Insomnia Cookies retail location, online at www.insomniacookies.com, or through the Insomnia Cookies app for pick-up, delivery or nationwide shipping, and (iv) if Sponsor elects to produce a tote bag with the winning Design, the Winner shall receive five (5) tote bags (valued at fifteen dollars ($15.00) each) featuring such winning Design. Certain restrictions may apply. 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. 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 Winners.
Decisions of the judges are final and binding. In the event there are not enough eligible Entries, not all Prizes will be awarded. If a Winner is unable for whatever reason to accept the prize, Sponsor reserves the right to award the prize to another Entrant.
Nothing in these Official Rules shall require or create an obligation on the part of Sponsor to produce and/or sell a tote bag featuring the Design of any of the Winners. Sponsor reserves the right, in its sole and absolute discretion, to select a Design other than the Design of the Match-Up Winner of Round Three to be feature on a tote bag, provided however, that such Entrant shall be deemed a Winner and shall receive the Prize set forth in Section 9(b) of these Official Rules. In the event Sponsor selects an alternate Design to be featured on a tote bag, the Match-Up Winner of Round Three shall still receive (i) one thousand dollars ($1,000.00) and (ii) one (1) one hundred dollar ($100.00) Insomnia Cookies gift card, redeemable at any Insomnia Cookies retail location, online at www.insomniacookies.com, or through the Insomnia Cookies app for pick-up, delivery or nationwide shipping.
10. Publicity
Acceptance of any prize shall constitute and signify the Winners’ agreement and consent that Sponsor and its designees may use the winners’ name, city, state, likeness, photo, Entry, 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 Entry
Upon submission of an Entry, each Entrant thereby irrevocably grants, transfers and conveys to Sponsor an exclusive, perpetual, worldwide, royalty-free license to use, modify, and display any portion of and the entirety of the rights in the Entry, including the submitted Design, in connection with the Contest in any and all media channels or formats existing now or later created. Each Entrant accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
In addition, by participating in the Contest and being declared a Winner by Sponsor pursuant to these Official Rules, Entrant shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to such Entrant’s Entry, including the Design, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use and modify the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Entrant further agrees that by participating in this Contest and being declared a Winner by Sponsor pursuant to these Officials Rules, Entrant shall no longer have any right, title or interest in or to such Entry, including the Design, and Entrant shall have no right to use such Entry, including the Design, in any manner without the prior written consent of Sponsor.
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. Indemnification, Release and Limitations of Liability
By participating in the Contest, Entrants 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 winner, 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 Entrant’s participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees 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 the Entrant 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. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Entrants also hereby agree to indemnify, defend and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any representation or warranty set forth in Section 6 of these Official Rules.
14. Disputes
Except where prohibited, each Entrant 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, Entrants 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 Entrant 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 Entrants is subject to Sponsor's privacy policy, which can be located at www.insomniacookies.com/privacy.