2021 Grad Giveaway Sweepstakes
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. Sponsor
The Sweepstakes is sponsored by Insomnia Cookies (the “Sponsor”), located at 10 Campus Boulevard, Newtown Square, Pennsylvania 19703.
2. Eligibility
The 2021 Grad Giveaway Sweepstakes (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Sponsor and other companies associated with the promotion of the Sweepstakes, 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 Sweepstakes) 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 (as defined in Section 9) may be required to complete and electronically sign any document the Sponsor determines is required, necessary or appropriate, in its judgment to confirm each Winner’s eligibility and for tax reporting purposes. The Sweepstakes is subject to federal, state, and local laws and regulations. Being eligible to participate in the Sweepstakes or receive a Prize is contingent upon compliance with these Official Rules.
3. Agreement to Official Rules
Participation in the Sweepstakes constitutes Nominators’ and Winners’ 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. Sweepstakes Period
The Sweepstakes begins on May 10, 2021 at 12:00 a.m. Eastern Daylight Time (“EDT”) and ends on May 17, 2021 at 3:00 a.m. EDT (the "Sweepstakes Period"). Sponsor’s computer is the official time-keeping device for the Sweepstakes. Entries that are submitted before or after the Sweepstakes Period will be disqualified. All entries become the property of Sponsor and will not be acknowledged or returned. Submissions will be accepted for the duration of the Sweepstakes using any of the following methods:
Online
5. How to Enter
Online: During the Sweepstakes Period, Nominators (as defined herein) must do all of the following (collectively, the “Entry”):
The person who is uploading the Entry (the “Nominator”) may nominate him or herself or someone other than himself or herself to be a potential winner of the Sweepstakes (the “Nominee”).
The Nominator must visit the Content Homepage, located at https://woobox.com/sohy5m
(the “Sweepstakes Homepage”), and fully complete the registration form, including all of the following form fields:
Limit one (1) Entry per Nominator for the duration of the Sweepstakes 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. Prize Drawing
On or about May 17, 2021, Sponsor will select twenty-one (21) Entries in a random, computer-generated drawing from among all eligible entries received during the Sweepstakes Period, as the First Prize Winners (as defined below). Further, one Entry from the pool of the First Prize Winners will then be randomly selected as the Grand Prize Winner (as defined below). The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winners via email on or about May 18, 2021. If a potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
7. Winner Notification
A) The Sponsor’s decision as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes.
B) The potential winners will be notified by email, mail or phone. Each potential winner of the Sweepstakes must comply with the requirements set forth in the “Eligibility” section above. 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, or a Prize is returned as undeliverable, 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 electronically sign an affidavit of eligibility on the potential winner’s behalf and fulfill any other requirements imposed on winners set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
C) ALL POTENTIAL WINNERS OF THE SWEEPSTAKES ARE SUBJECT TO FINAL VERIFICATION OF ELIGIBILITY BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF THE SWEEPSTAKES, OR PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL THAT ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THAT ENTRANT HAS COMPLETED ALL NECESSARY FORMS AND DOCUMENTS, AND THE POTENTIAL WINNER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. THE SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
8. Prizes
(a) Twenty-one (21) First Prize Winners: The First Prize Winners will receive the Ultimate Upgrade Gift Box (retail value $50.00) and an assortment of gear from The Insomniac Shop: Pin Set (retail value $9.99), Wavy Straw Sipper (retail value $14.99) and a Tote Bag (retail value $14.99) (“First Prize Winner”). The total estimated retail value of each First Prize Winner’s prize is eighty-nine dollars and ninety-seven cents ($89.97.)
(b) Grand Prize Winner (1): One First Prize Winner shall then be further selected to win a cookie catering package for such Winner, the contents of which shall be determined by Sponsor in its sole discretion and which shall have a maximum market retail value of three hundred twenty dollars ($320.00) (the “Grand Prize Winner”).
For purposes of this Sweepstakes, each of the foregoing prizes shall be defined as a “Prize” and each of the First Prize Winners and the Grand Prize Winner shall also be defined as “Winners”. 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 Winners.
9. 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 Sweepstakes 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.
10. Ownership of Submission
By accepting a Prize and participating in the Sweepstakes, 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 Sweepstakes, 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 Prize(s) (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 Sweepstakes, each Winner, Nominee and Nominator (as applicable) 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.
11. General Conditions
In the event that the operation, security, or administration of the Sweepstakes 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 Sweepstakes 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 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) terminate the Sweepstakes and, in the event of termination, award the Prizes at random 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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes 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.
12. Release and Limitations of Liability
By participating in the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, 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 Sweepstakes-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’ participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Nominators further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Nominator 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 Sweepstakes. Nominator waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. 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 Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Nominators’ and Winner’s 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 York, 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 New York. Each Nominator and Winner agrees that any cause of action arising out of or in connection with the Sweepstakes, or the Prizes awarded in connection there with, shall be resolved individually, without resort to any class or collective action.
14. Privacy
Information collected from Nominators and Winners are subject to Sponsor's privacy policy, located at https://insomniacookies.com/privacy.