1. COOKIE KINDNESS GIVEAWAY

OFFICIAL RULES

Tiff’s Treats Cookie Kindness Giveaway (“Giveaway”) June 15, 2022 – September 30, 2022

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 GIVEAWAY.  VOID WHERE PROHIBITED.

1.    ELIGIBILITY.  The Giveaway is open to those natural persons who are 18 years of age or older at the time of entry, who are legal residents of Texas, Georgia, Tennessee, North Carolina or Oklahoma, located in cities where Tiff’s Treats has one or more physical locations and living within a Tiff’s Treats delivery zone (“Eligibility Area”); (“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 or to be nominated.  Void where prohibited by law, regulation or ordinance.  By participating in this Giveaway as a nominator or nominee, you 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 Giveaway is subject to all applicable federal, state and local laws.

2.    GIVEAWAY PERIOD.  The Giveaway Period begins on June 15, 2022, at 12:00 a.m. Central Time (“CT”) and ends on September 30, 2022, at 11:59 p.m. CT (the “Giveaway Period”).  Company’s computer is the official time-keeping device for this Giveaway.  Entries received after that date and time will be deemed ineligible to win.  There will be two winners per month during the Giveaway Period, and winners will be selected and notified via email.

3.    HOW TO ENTER.  During the Giveaway Period, any Eligible Person may enter and nominate an Eligible Person in the Eligibility Area (a “Nominee”) to win by submitting a completed Giveaway form on the Giveaway landing page on Company’s website and including (a) a story about the Nominee stating why the Nominee is deserving of cookie kindness (a “Story”) and to recognize them for a sweet deed or a sweet pick-me-up and (b) submitting the entrant’s name, email, phone number, and city location in the Eligibility Area (“Entrants”).  Online entry closes at the end of the Giveaway Period.  Only one online entry accepted per person.

The entry must fulfill all Giveaway 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 an 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/giveaway subscription, notification entry or like sites or services that offers giveaway 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 transmitted an entry via 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.

The winners will be selected and notified between [July 1, 2022 and October 1, 2022].  The winners will be selected from the pool of Entrants and Nominees based on which Entrants submit the best Stories in the sole discretion of Company.  Winning Entrants will receive the following: (i) one $50 Tiff’s Treat Gift Card and (ii) a one-year Tiff’s Treats Elites Membership ($50 value).  Winning Nominees will receive the following: (i) one $100 Tiff’s Treat Gift Card and (ii) a warm cookie delivery ($62 value).  The odds of winning a prize depend on the total number and quality of entries received, as represented by the total number of eligible entries submitted, which comply with these Official Rules at the time the Giveaway Period ends.  All entries will be judged based on Company’s determination of the quality and content of the Stories submitted by Entrants, and the best Stories submitted, in Company’s sole discretion, will be selected to win.  The winning Entrants will be notified by email and receive additional instructions to claim the prizes and to provide for Company’s contact with the winning Nominees.  Company shall have no liability for any winning Entrant’s failure to receive notices due such winning Entrant’s spam, junk email or other security settings or for any winning Entrant’s provision of incorrect or otherwise non-functioning contact information.  If any selected winning Entrant cannot be contacted, is ineligible, or fails to claim the prizes within 5 days from the time the award notification was sent, prizes may be forfeited and an alternate winning Entrant selected.  If any selected alternate winning Entrant cannot be contacted, is ineligible or fails to claim the prizes within 5 days from the time the alternate winner award notification was sent, the prizes shall be deemed forfeited entirely, and no further alternate winner will be selected.

No cash or other prize substitution permitted except at Company’s sole discretion.  Any prize is non-transferable.  Any winning Entrants and Nominees are solely responsible for all federal, state and local taxes and other costs pertaining to the awarded prizes, 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 winning Entrant or Nominee 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 winning Entrant’s or Nominee’s name, portrait, picture, voice, likeness, image or statements about the Giveaway, 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.  Winning Nominees and Entrants will be required to sign a media release form which will be provided by Company.

The receipt by any winner of the prizes offered in this Giveaway 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 Giveaway 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 Giveaway, 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 Giveaway, and if deemed necessary by Company in its sole discretion, to cancel, terminate, modify or suspend the Giveaway.  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 Giveaway or downloading of any materials relating to this Giveaway, or (ii) any restriction or impedance on your ability to participate in the Giveaway.  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 or Nominees, as applicable, 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.  By participating in this Giveaway, all Entrants and winning Nominees release, discharge, and hold harmless Company and its 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 Giveaway, 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 Giveaway 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 Giveaway administration or entry processing; and (f) injury or damage to persons or property from participation in the Giveaway 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 PARTICIPANT (AS DEFINED BELOW) IN THE GIVEAWAY BE ENTITLED TO ATTORNEY’S FEES.  UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR AND PARTICIPANT 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.  “PARTICIPANT” MEANS (1) ANY ENTRANT AND (2) ANY WINNING NOMINEE WHO ACCEPTS A PRIZE.

All Participants 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 Giveaway 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 Giveaway and selection of the winners are final, and by participating in the Giveaway you agree to abide by these Officials Rules and all of Company’s decisions.  You agree that any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prizes awarded, other than the administration of the Giveaway 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 Giveaway, you consent to the personal jurisdiction of such courts and waive 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, you 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 Giveaway 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.