OFFICIAL RULES
Tiff’s Treats Birthday Guest List Giveaway (“Sweepstakes”) January 17 – January 31, 2023

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES GIVEAWAY. VOID WHERE PROHIBITED.

1.    ELIGIBILITY. The Sweepstakes is open to those natural persons who are 18 years of age or older at the time of entry, who are signed up for the Tiff’s Treats Birthday Guest List, who have a primary residence in and are legal residents of Texas, Georgia, Tennessee, North Carolina, Oklahoma, Colorado or Florida (“Eligible Persons”). Employees of Tiff’s Treats RBD, Inc. (“Company”), and their parents, subsidiaries, affiliates and their immediate family members (spouse, parents, step-parents, children, step-children, siblings, step-siblings, grandparents and their respective spouses, and individuals residing in such immediate family members’ household) are ineligible to enter and win. Void where prohibited by law, regulation or ordinance. By participating in this Sweepstakes, participants agree to be fully bound by these Official Rules and Company’s Privacy Policy (together, the “Official Rules”) and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

2.    SWEEPSTAKES PERIOD. The Sweepstakes begins on January 17, 2023, when the first daily birthday drawing occurs and ends on January 31, 2023 after the final daily birthday drawing is completed (the “Sweepstakes Period”). Company’s computer is the official time-keeping device for this Sweepstakes. Entries received after (i) an Entrant’s (as defined below) birth date has been selected or (ii) the Sweepstakes Period will be deemed ineligible to win. The winners will be selected and notified via email each day on which a birthday drawing occurs.

3.    HOW TO ENTER. During the Sweepstakes Period, any Eligible Person may enter to win via the Sweepstakes landing page located at https://page.cookiedelivery.com/birthday-guest-list or the Sweepstakes banner on Company’s website and by signing up for the Birthday Guest List by submitting their (i) first and last name, (ii) email address, (iii) birth date, (iv) city and state of residence and (v) Instagram handle as requested by the Birthday Guest List form (“Entrants”). The Sweepstakes entry page will also be accessible via promotional materials on Instagram, emails sent to the Tiff’s Treats email list and digital advertisements. Online entry closes at the end of the Sweepstakes Period. Only one online entry accepted per person.
The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Company. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole discretion of Company. All information provided by Entrant must be complete, true and correct. All entries become the exclusive property of Company and will not be returned.
Any incomplete or unintelligible entries will not be processed. The use of robotic, automatic, macro, programmed, or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” Entrant) is strictly prohibited. Use of any automated system to participate is prohibited and will result in disqualification. Company is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entry applications, which will be disqualified and destroyed.
If a dispute arises over the identity of the person who claims an identified email address, the Authorized Account Holder of the email address at time of entry will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to an email address by an internet access provider, online provider or other organization (e.g., business, education institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Any potential winner may be required to show proof of being the Authorized Account Holder. No transfer of ownership of an entry is permitted. No entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities; an entry must be from and on behalf of a natural person.

4.    PRIZES, WINNER SELECTION, NOTIFICATION AND ACKNOWLEDGEMENT. During the Sweepstakes Period, Company will spin the birthday wheel one time on each weekday. The birthday wheel will contain all 366 days of a calendar leap year, and one date on the birthday wheel will be randomly selected each day on which the birthday wheel is spun. Once a date is selected, it will not be eligible for selection again. All Entrants whose birth dates fall on such randomly selected dates will be winners. The winners will be notified on the day during the Sweepstakes Period on which their birth date is randomly selected via email. The winning birth dates will be randomly selected from the birthday wheel, and, as a result, the winners will be randomly selected from the pool of Entrants. The winners will receive free delivery of one dozen warm cookies and must be located within the delivery zone of one of the physical store locations. Winners who are legal residents of and have a primary residence in Texas, Georgia, Tennessee, North Carolina, Oklahoma or Colorado will be automatically entered into the Tiff’s Treats Birthday Guest List Special Prizes Giveaway (the “Round 2 Giveaway”), subject to the terms and provisions of the Round 2 Giveaway official rules, attached hereto as Exhibit A. Additionally, winners who are legal residents of Texas or Georgia and have a primary residence in Austin, Texas; Dallas, Texas; Houston, Texas; or Atlanta, Georgia will be automatically entered into the Tiff’s Treats Birthday Guest List Grand Prize Giveaway (the “Round 3 Giveaway”), subject to the terms and provisions of the Round 3 Giveaway official rules, attached hereto as Exhibit B. The odds of winning a prize during the Sweepstakes Period will be one over the number of remaining eligible dates on the birthday wheel (e.g., on the first day the birthday wheel is spun the odds will be 1/366, with odds improving slightly each additional day the birthday wheel is spun).
The winners will be notified by email and receive additional instructions to claim the prize. Company shall have no liability for any winner’s failure to receive notices due to winner’s spam, junk email or other security settings or for any winner’s provision of incorrect or otherwise non-functioning contact information. Each winner must claim their prize no later than 3 days of email notification or such winner’s prize shall be deemed forfeited entirely.
No cash or other prize substitution permitted except at Company’s sole discretion. Any prize is non-transferable. Any winner is solely responsible for all federal, state and local taxes and other costs pertaining to the awarded prize, if applicable. Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Any winner agrees to allow Company or anyone acting on Company’s behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to use the winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information (whether in print publication, online, or other means of communication), without compensation, for any purpose, including without limitation, as news, publicity or information for trade, advertising, public relations and promotional purposes, and to notify the public of their winnings, and Company reserves the right to use the aforementioned information or materials in perpetuity, unless and to the extent prohibited by law. Company is not obligated to use any of the above-mentioned information or materials, but Company may use and edit such information or materials, at Company’s sole discretion, without further obligation or compensation.
The receipt by any winner of the prizes offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE TERMS BY ANY WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE GIVEAWAY OR PRIZES.

5.    TECHNOLOGY. If, for any reason, Company is unable to conduct this Sweepstakes as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Company which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Sweepstakes, Company reserves the right, at its sole discretion, to disqualify any entry, and to disqualify any person found to have interfered or tampered with the Sweepstakes, and if deemed necessary by Company in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Company may also, in its sole discretion, award any prize from all eligible, non-suspect entries received as of the date of such action. Company does not assume any responsibility for any failure in transmission, however caused, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of information, or unauthorized access to entries, including damage or alteration. Company is not responsible for any problems or technical malfunction of any telephone network, telephone lines, computer on-line systems, servers, providers, hardware, software, or failure to receive any email or entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including (i) any injury or damage to an Entrant’s, or any other person’s, electronic device or devices relating to or resulting from participation in this Sweepstakes or downloading of any materials relating to this Sweepstakes, or (ii) any restriction or impedance on your ability to participate in the Sweepstakes. CAUTION: COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS GIVEAWAY OR TO DAMAGE THE WEBSITE. 

6.    PRIVACY. Except as provided above, all personal information supplied by Entrants will be subject to Company’s Privacy Policy, which is located at https://www.cookiedelivery.com/footer-nav/privacy-policy.aspx.

7.    RELEASE AND INDEMNIFICATION. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or any Instagram affiliated company. By participating in this Sweepstakes, all Entrants and winners release, discharge, and hold harmless Company, Instagram and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders, representatives, managers, members, owners, attorneys, predecessors, successors, assigns, employees, and agents (collectively, “Released Parties”) from and against any and all liability or claims for any and all legal claims, charges, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses, attorney’s fees, injuries, losses, illnesses, accidents, delays, irregularities, litigation or damages arising, directly or indirectly, out of: (i) their participation in the Sweepstakes, whether caused by negligence or not, and/or the acceptance, use, misuse, non-use or possession of the prize. Any portion of any prize not accepted by the winner(s) will be forfeited, and the Released Parties are not responsible for any inability of the winner(s) to accept or use any prize(s) (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Sweepstakes or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Sweepstakes administration or entry processing; and (f) injury or damage to persons or property from participation in the Sweepstakes or receipt or use of any prize.
ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO REASONABLE ACTUAL DAMAGES INCURRED, BUT IN NO EVENT SHALL ANY ENTRANT BE ENTITLED TO ATTORNEY’S FEES. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS OF CLAIM TO PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, AND INCIDENTAL DAMAGES AND ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
All Entrants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

8.    DISPUTE RESOLUTION. Company’s decisions as to all matters related to the administration of the Sweepstakes and selection of the winners are final, and by entering the Sweepstakes Entrant agrees to abide by these Officials Rules and all of Company’s decisions. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by either the U.S. District Court located in Travis County, Texas or the appropriate Texas state court within Travis County, Texas (unless a Texas mandatory venue statute applies, in which case the mandatory venue shall be the exclusive forum for disputes). By participating in the Sweepstakes, Entrant consents to the personal jurisdiction of such courts and waives any and all objections thereto.

9.    GENERAL CONDITIONS. All federal, state and local laws apply. Company reserves the right in its sole discretion to supplement or make changes to these Official Rules at any time without notice. In the event that any dispute arises regarding the meaning or interpretation of these Official Rules, participants agree that the dispute shall be resolved by applying the laws of the State of Texas, without respect to conflict of laws doctrines, and that it shall be resolved by and within the courts of that state. Company is the final interpreter of these Official Rules. The decisions of Company are final in all matters relating to the Sweepstakes and Official Rules. Failure of Company to enforce any provision of the Official Rules will not constitute a waiver of that provision. By entering the Sweepstakes, you agree to receive email newsletters and other marketing materials periodically from Company. You can opt-out of receiving communications at any time by clicking the unsubscribe link in the newsletter or other communication from Company.

10.    SPONSOR. Tiff’s Treats RBD, Inc. 8310-1 N. Capital of Texas Highway, Suite 110, Austin, Texas 78731.

 


EXHIBIT A
Tiff’s Treats Birthday Guest List Special Prizes Giveaway – Official Rules

OFFICIAL RULES
Tiff’s Treats Birthday Guest List Special Prizes Giveaway (“Sweepstakes”) January 17, 2023 – January 30, 2023

 

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES GIVEAWAY. VOID WHERE PROHIBITED.

Reference is hereby made to the Tiff’s Treats Birthday Guest List Giveaway (“Round 1 Giveaway”); official rules located at https://www.cookiedelivery.com/birthdaytc.aspx.

1.    ELIGIBILITY. The Sweepstakes is open to those natural persons who are 18 years of age or older at the time of entry, who are signed up for the Tiff’s Treats Birthday Guest List, who have a primary residence in and are legal residents of Texas, Georgia, Tennessee, North Carolina, Oklahoma or Colorado, and who are winners on a given day during the Round 1 Giveaway, but specifically excluding Round 1 Giveaway winners on January 31, 2023 (“Eligible Persons”). Employees of Tiff’s Treats RBD, Inc. (“Company”), and their parents, subsidiaries, affiliates and their immediate family members (spouse, parents, step-parents, children, step-children, siblings, step-siblings, grandparents and their respective spouses, and individuals residing in such immediate family members’ household) are ineligible to enter and win. Void where prohibited by law, regulation or ordinance. By participating in this Sweepstakes, participants agree to be fully bound by these Official Rules and Company’s Privacy Policy (together, the “Official Rules”) and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

2.    SWEEPSTAKES PERIOD. The Sweepstakes begins on January 17, 2023, after the first Round 1 Giveaway daily random birthday date drawing occurs and ends on January 30, 2023, after the Round 1 Giveaway daily random birthday date drawing on January 30, 2023 occurs (the “Sweepstakes Period”). Company’s computer is the official time-keeping device for this Sweepstakes. All entries will be automatic and are conditioned upon any Eligible Person being a Round 1 Giveaway winner on a given day during the Round 1 Giveaway. The winners will be selected and notified via email.

3.    HOW TO ENTER. Each day, all Eligible Persons with a birth date falling on the randomly selected date from the Round 1 Giveaway birthday wheel spin for that day will be automatically entered in the Sweepstakes (“Entrants”).
The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Company. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole discretion of Company. All information provided by Entrant must be complete, true and correct. All entries become the exclusive property of Company and will not be returned.
If a dispute arises over the identity of the person who claims an identified email address, the Authorized Account Holder of the email address at time of entry will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to an email address by an internet access provider, online provider or other organization (e.g., business, education institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Any potential winner may be required to show proof of being the Authorized Account Holder. No transfer of ownership of an entry is permitted. No entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities; an entry must be from and on behalf of a natural person.

4.    PRIZES, WINNER SELECTION, NOTIFICATION AND ACKNOWLEDGEMENT. During the Sweepstakes Period, each day on which the birthday wheel is spun and a random birth date is selected, one Eligible Person who is a winner of the Round 1 Giveaway with the selected birth date will be randomly selected from the pool of winners that day to win a special prize. Each day on which a birthday wheel spin occurs during the Sweepstakes Period, the randomly selected Sweepstakes winner that day will be eligible to win the corresponding prize listed on the table below:

January 17, 2023 - Birthday Gifts for a Year (1 dozen cookies in a birthday package once a month for a total of 12 months) + Cookie Concierge Service for a Year
Value = $431.88

January 18, 2023 - Kendra Scott Anniversary Bow Necklace + $240 Tiff’s Treats Gift Card
Value = $295.00

January 19, 2023 - Elites Membership “For Life”*
Value = $2,500.00

January 20, 2023 - YETI (blue) + $240 Tiff’s Treats Gift Card
Value = $280.00

January 21, 2023 - Free Cookies for a Year* 
Value = $1,040.00

1 * “For Life” prize to be awarded as an annual membership updated on an annual basis for the winner’s life, up to 50 years. At any time during the 50 year period, Company may elect to provide a cash payment to the winner (payable as a check), in the amount of $50.00 per year (or, the cash equivalent of the actual then current annual Elites Membership cost, or if the Elites Membership program is no longer offered, the cash equivalent of the last annual Elites Membership cost prior to discontinuance) for each remaining year of the “For Life” prize (or to substitute a prize with one of comparable or greater value, at Company’s sole discretion).

2 A Tiff’s Treats Gift Card will be provided with the cash equivalent of the actual then current cost of one dozen cookies per week for 52 weeks.

January 22, 2023 - Copy of It’s Not Just Cookies book signed by Tiff and Leon + $240 Tiff’s Treats Gift Card
Value = $266.99

January 23, 2023 - “Winner’s Name’s” Mix on cookiedelivery.com for a month + $240 Tiff’s Treats Gift Card 
Value = $240.00

January 25, 2023 - Kendra Scott Muriel Stud Earrings + $240 Tiff’s Treats Gift Card
Value = $308.00

January 26, 2023 - 1-year Elite’s Membership + $240 Tiff’s Treats Gift Card
Value = $550.00

January 30, 2023 - $2,400.00 Cash Prize
Value = $2,400.00

January 31, 2023 - Treats Truck visit and create a flavor with Tiff
Value = $2,000.00

The odds of winning a prize on a given day during the Sweepstakes Period depend on the total number of entries, as represented by the total number of Eligible Persons who are Round 1 Giveaway winners for the specified day during the Sweepstakes Period.
Each winner will be notified by email and receive additional instructions to claim the prizes. Company shall have no liability for any winner’s failure to receive notices due to winner’s spam, junk email or other security settings or for any winner’s provision of incorrect or otherwise non-functioning contact information. Each winner must claim their prizes no later than within 3 days of email notification or such winner’s prizes shall be deemed forfeited entirely.
No cash or other prize substitution permitted except at Company’s sole discretion. Any prize is non-transferable. Any winner is solely responsible for all federal, state and local taxes and other costs pertaining to the awarded prize, if applicable. Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Any winner agrees to allow Company or anyone acting on Company’s behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to use the winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information (whether in print publication, online, or other means of communication), without compensation, for any purpose, including without limitation, as news, publicity or information for trade, advertising, public relations and promotional purposes, and to notify the public of their winnings, and Company reserves the right to use the aforementioned information or materials in perpetuity, unless and to the extent prohibited by law. Company is not obligated to use any of the above-mentioned information or materials, but Company may use and edit such information or materials, at Company’s sole discretion, without further obligation or compensation. Winners will be required to sign a media release form which will be provided by Company in order to claim their prizes.
The receipt by any winner of any prizes offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE TERMS BY ANY WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE GIVEAWAY OR PRIZES.

5.    TECHNOLOGY. If, for any reason, Company is unable to conduct this Sweepstakes as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Company which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Sweepstakes, Company reserves the right, at its sole discretion, to disqualify any entry, and to disqualify any person found to have interfered or tampered with the Sweepstakes, and if deemed necessary by Company in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Company may also, in its sole discretion, award any prize from all eligible, non-suspect entries received as of the date of such action. Company does not assume any responsibility for any failure in transmission, however caused, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of information, or unauthorized access to entries, including damage or alteration. Company is not responsible for any problems or technical malfunction of any telephone network, telephone lines, computer on-line systems, servers, providers, hardware, software, or failure to receive any email or entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including (i) any injury or damage to an Entrant’s, or any other person’s, electronic device or devices relating to or resulting from participation in this Sweepstakes or downloading of any materials relating to this Sweepstakes, or (ii) any restriction or impedance on your ability to participate in the Sweepstakes. CAUTION: COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS GIVEAWAY OR TO DAMAGE THE WEBSITE. 

6.    PRIVACY. Except as provided above, all personal information supplied by Entrants will be subject to Company’s Privacy Policy, which is located at https://www.cookiedelivery.com/footer-nav/privacy-policy.aspx.

7.    RELEASE AND INDEMNIFICATION. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or any Instagram affiliated company. By participating in this Sweepstakes, all Entrants and winners release, discharge, and hold harmless Company, Instagram and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders, representatives, managers, members, owners, attorneys, predecessors, successors, assigns, employees, and agents (collectively, “Released Parties”) from and against any and all liability or claims for any and all legal claims, charges, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses, attorney’s fees, injuries, losses, illnesses, accidents, delays, irregularities, litigation or damages arising, directly or indirectly, out of: (i) their participation in the Sweepstakes, whether caused by negligence or not, and/or the acceptance, use, misuse, non-use or possession of the prize. Any portion of any prize not accepted by the winner(s) will be forfeited, and the Released Parties are not responsible for any inability of the winner(s) to accept or use any prize(s) (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Sweepstakes or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Sweepstakes administration or entry processing; and (f) injury or damage to persons or property from participation in the Sweepstakes or receipt or use of any prize.
ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO REASONABLE ACTUAL DAMAGES INCURRED, BUT IN NO EVENT SHALL ANY ENTRANT BE ENTITLED TO ATTORNEY’S FEES. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS OF CLAIM TO PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, AND INCIDENTAL DAMAGES AND ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
All Entrants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

8.    DISPUTE RESOLUTION. Company’s decisions as to all matters related to the administration of the Sweepstakes and selection of the winners are final, and by entering the Sweepstakes Entrant agrees to abide by these Officials Rules and all of Company’s decisions. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by either the U.S. District Court located in Travis County, Texas or the appropriate Texas state court within Travis County, Texas (unless a Texas mandatory venue statute applies, in which case the mandatory venue shall be the exclusive forum for disputes). By participating in the Sweepstakes, Entrant consents to the personal jurisdiction of such courts and waives any and all objections thereto.

9.    GENERAL CONDITIONS. All federal, state and local laws apply. Company reserves the right in its sole discretion to supplement or make changes to these Official Rules at any time without notice. In the event that any dispute arises regarding the meaning or interpretation of these Official Rules, participants agree that the dispute shall be resolved by applying the laws of the State of Texas, without respect to conflict of laws doctrines, and that it shall be resolved by and within the courts of that state. Company is the final interpreter of these Official Rules. The decisions of Company are final in all matters relating to the Sweepstakes and Official Rules. Failure of Company to enforce any provision of the Official Rules will not constitute a waiver of that provision.

10.    SPONSOR. Tiff’s Treats RBD, Inc. 8310-1 N. Capital of Texas Highway, Suite 110, Austin, Texas 78731.



 

EXHIBIT B
Tiff’s Treats Birthday Guest List Grand Prize Giveaway – Official Rules

OFFICIAL RULES
Tiff’s Treats Birthday Guest List Grand Prize Giveaway (“Sweepstakes”) January 31, 2023

 
 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES GIVEAWAY. VOID WHERE PROHIBITED.

Reference is hereby made to the Tiff’s Treats Birthday Guest List Giveaway (“Round 1 Giveaway”); official rules located at https://www.cookiedelivery.com/birthdaytc.aspx.

1.    ELIGIBILITY. The Sweepstakes is open to those natural persons who are 18 years of age or older at the time of entry, who are signed up for the Tiff’s Treats Birthday Guest List, who are legal residents of Texas or Georgia and have a primary residence in Austin, Texas; Dallas, Texas; Houston, Texas; or Atlanta, Georgia, and who are Round 1 Giveaway winners on January 31, 2023 (“Eligible Persons”). Employees of Tiff’s Treats RBD, Inc. (“Company”), and their parents, subsidiaries, affiliates and their immediate family members (spouse, parents, step-parents, children, step-children, siblings, step-siblings, grandparents and their respective spouses, and individuals residing in such immediate family members’ household) are ineligible to enter and win. Void where prohibited by law, regulation or ordinance. By participating in this Sweepstakes, participants agree to be fully bound by these Official Rules and Company’s Privacy Policy (together, the “Official Rules”) and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

2.    SWEEPSTAKES PERIOD. The Sweepstakes shall occur on January 31, 2023, after the final Round 1 Giveaway random birthday date drawing occurs (the “Sweepstakes Period”). Company’s computer is the official time-keeping device for this Sweepstakes. All entries will be automatic and are conditioned upon any Eligible Person being a Round 1 Giveaway winner on January 31, 2023. The winner will be selected and notified via email.

3.    HOW TO ENTER. All Eligible Persons with a birth date falling on the randomly selected date from the Round 1 Giveaway birthday wheel spin on January 31, 2023 will be automatically entered in the Sweepstakes (“Entrants”).
The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Company. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole discretion of Company. All information provided by Entrant must be complete, true and correct. All entries become the exclusive property of Company and will not be returned.
If a dispute arises over the identity of the person who claims an identified email address, the Authorized Account Holder of the email address at time of entry will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to an email address by an internet access provider, online provider or other organization (e.g., business, education institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Any potential winner may be required to show proof of being the Authorized Account Holder. No transfer of ownership of an entry is permitted. No entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities; an entry must be from and on behalf of a natural person.

4.    PRIZES, WINNER SELECTION, NOTIFICATION AND ACKNOWLEDGEMENT. On January 31, 2023, one Eligible Person who is a winner of the Round 1 Giveaway with the selected birth date from the January 31, 2023 birthday wheel spin will be randomly selected from the pool of winners that day to win the grand prize, which includes (i) a special visit from the Tiff’s Treats Truck and (ii) the opportunity to create a cookie flavor with Tiff (total grand prize value: $2,000.00.
The odds of winning the grand prize depend on the total number of entries, as represented by the total number of Eligible Persons who are Round 1 Giveaway winners on January 31, 2023.
The winner will be notified by email and receive additional instructions to claim the prizes. Company shall have no liability for the winner’s failure to receive notices due to winner’s spam, junk email or other security settings or for the winner’s provision of incorrect or otherwise non-functioning contact information. The winner must claim the prizes no later than within 3 days of email notification or the winner’s prizes shall be deemed forfeited entirely.
No cash or other prize substitution permitted except at Company’s sole discretion. Any prize is non-transferable. The winner is solely responsible for all federal, state and local taxes and other costs pertaining to the awarded prize, if applicable. Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
The winner agrees to allow Company or anyone acting on Company’s behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to use the winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information (whether in print publication, online, or other means of communication), without compensation, for any purpose, including without limitation, as news, publicity or information for trade, advertising, public relations and promotional purposes, and to notify the public of their winnings, and Company reserves the right to use the aforementioned information or materials in perpetuity, unless and to the extent prohibited by law. Company is not obligated to use any of the above-mentioned information or materials, but Company may use and edit such information or materials, at Company’s sole discretion, without further obligation or compensation. The winner will be required to sign a media release form which will be provided by Company in order to claim the prizes.
The receipt by the winner of any prizes offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE TERMS BY THE WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION AS THE WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE GIVEAWAY OR PRIZES.

5.    TECHNOLOGY. If, for any reason, Company is unable to conduct this Sweepstakes as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Company which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Sweepstakes, Company reserves the right, at its sole discretion, to disqualify any entry, and to disqualify any person found to have interfered or tampered with the Sweepstakes, and if deemed necessary by Company in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Company may also, in its sole discretion, award any prize from all eligible, non-suspect entries received as of the date of such action. Company does not assume any responsibility for any failure in transmission, however caused, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of information, or unauthorized access to entries, including damage or alteration. Company is not responsible for any problems or technical malfunction of any telephone network, telephone lines, computer on-line systems, servers, providers, hardware, software, or failure to receive any email or entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including (i) any injury or damage to an Entrant’s, or any other person’s, electronic device or devices relating to or resulting from participation in this Sweepstakes or downloading of any materials relating to this Sweepstakes, or (ii) any restriction or impedance on your ability to participate in the Sweepstakes. CAUTION: COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS GIVEAWAY OR TO DAMAGE THE WEBSITE. 

6.    PRIVACY. Except as provided above, all personal information supplied by Entrants will be subject to Company’s Privacy Policy, which is located at https://www.cookiedelivery.com/footer-nav/privacy-policy.aspx.

7.    RELEASE AND INDEMNIFICATION. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or any Instagram affiliated company. By participating in this Sweepstakes, all Entrants and the winner release, discharge, and hold harmless Company, Instagram and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders, representatives, managers, members, owners, attorneys, predecessors, successors, assigns, employees, and agents (collectively, “Released Parties”) from and against any and all liability or claims for any and all legal claims, charges, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses, attorney’s fees, injuries, losses, illnesses, accidents, delays, irregularities, litigation or damages arising, directly or indirectly, out of: (i) their participation in the Sweepstakes, whether caused by negligence or not, and/or the acceptance, use, misuse, non-use or possession of the prize. Any portion of any prize not accepted by the winner will be forfeited, and the Released Parties are not responsible for any inability of the winner to accept or use any prize(s) (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Sweepstakes or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Sweepstakes administration or entry processing; and (f) injury or damage to persons or property from participation in the Sweepstakes or receipt or use of any prize.
ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO REASONABLE ACTUAL DAMAGES INCURRED, BUT IN NO EVENT SHALL ANY ENTRANT BE ENTITLED TO ATTORNEY’S FEES. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS OF CLAIM TO PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, AND INCIDENTAL DAMAGES AND ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
All Entrants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

8.    DISPUTE RESOLUTION. Company’s decisions as to all matters related to the administration of the Sweepstakes and selection of the winner are final, and by entering the Sweepstakes Entrant agrees to abide by these Officials Rules and all of Company’s decisions. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by either the U.S. District Court located in Travis County, Texas or the appropriate Texas state court within Travis County, Texas (unless a Texas mandatory venue statute applies, in which case the mandatory venue shall be the exclusive forum for disputes). By participating in the Sweepstakes, Entrant consents to the personal jurisdiction of such courts and waives any and all objections thereto.

9.    GENERAL CONDITIONS. All federal, state and local laws apply. Company reserves the right in its sole discretion to supplement or make changes to these Official Rules at any time without notice. In the event that any dispute arises regarding the meaning or interpretation of these Official Rules, participants agree that the dispute shall be resolved by applying the laws of the State of Texas, without respect to conflict of laws doctrines, and that it shall be resolved by and within the courts of that state. Company is the final interpreter of these Official Rules. The decisions of Company are final in all matters relating to the Sweepstakes and Official Rules. Failure of Company to enforce any provision of the Official Rules will not constitute a waiver of that provision.

10.    SPONSOR. Tiff’s Treats RBD, Inc. 8310-1 N. Capital of Texas Highway, Suite 110, Austin, Texas 78731.