Tiff’s Treats Bake & Deliver Sweepstakes (“Sweepstakes”) June 23, 2023 – June 27, 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.
2. SWEEPSTAKES PERIOD.
The Sweepstakes begins on June 23, 2023, when Tiff’s Treats makes its first of five Sweepstakes posts (collectively, the “Posts”, and each, a “Post”) and ends on June 27, at 11:59 p.m. Central Time (the “Sweepstakes Period”). Company’s computer is the official time-keeping device for this Sweepstakes. Entries received after that date and time will be deemed ineligible to win. The Sweepstakes will occur through the Instagram social media platform and Facebook social media platform (the “Platforms”). The winner will be contacted via direct message (“DM”) on the Platforms on or before June 29, 2023, with further information.
3. HOW TO ENTER.
During the Sweepstakes Period, Eligible Persons must log on to their Platform accounts and comment on one or more of the five Tiff’s Treats Posts on the Platforms, such comment(s) including one U.S. city or state where the entrant guesses Company is bringing warm cookie delivery next (“Entries”), to enter the Sweepstakes (“Entrants”). Online entry closes at the end of the Sweepstakes Period. Entrants are only eligible to win once. Entrants are permitted to submit an Entry once per calendar day during the Sweepstakes Period; limit of five Entries per Entrant during the Sweepstakes Period. Entrants who attempt to submit more than one Entry per calendar day during the Sweepstakes Period may be disqualified at the sole discretion of Company. Anyone found to be using multiple accounts to enter will be disqualified.
An Entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win the prize. Entries that are not complete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of Company. If you use fraudulent methods or otherwise attempt to circumvent the 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. The use of any automated systems or any other conduct that impedes the integrity of the Sweepstakes is strictly prohibited and will result in disqualification.
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 winner will be notified by Platform DM on or before June 29, 2023. The winning Entry (and Entrant) will be randomly selected from the pool of Entries which included the correct United States city or state (the “Destination”) to which Company is bringing warm cookie delivery next. The winner will receive a trip for the winner and one guest of the winner (“Guest”), Guest to be approved by Company in Company’s sole discretion, to the Destination, which will include: (i) round trip coach class air transportation on the airline of Company’s choice for the winner and Guest which shall originate from an airport of Company’s choice near winner’s primary residence in the United States to the Destination, with a total approximate retail value (“ARV”) of $1,000; (ii) two nights of hotel accommodations in the Destination for the winner and Guest, which will be one standard room based on double occupancy (meals, telephone calls, mini-bar, tips, gratuities, and other incidentals and costs are not included), with a total ARV of $700; and (iii) a $500 pre-paid gift card for food and transportation with a total ARV of $500 (collectively, the “Prize”). The Prize includes only the elements specifically listed as part of the Prize in this paragraph.
Additionally, winner and Guest have the opportunity to attend a meet and greet with, subject to their availability, Andy Roddick, Brooklyn Decker and/or Tiff and/or Leon of Tiff’s Treats (the “Event”). Company will provide additional information at the time travel arrangements are made, if applicable. No compensation or substitution will be provided to winner if, for any reason whatsoever, winner and/or Guest cannot attend the Event.
The odds of winning the Prize depend on the total number of Entries which included the Destination in the comment(s), as represented by the total number of Entries submitted on the Platform which comply with these Rules, including naming the Destination in the comment(s), at the time the Sweepstakes Period ends.
The total ARV of the Prize is $2,200; actual retail value of the Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. If the actual retail value of the Prize is less than the stated ARV, the difference will not be awarded to the winner. All travel arrangements must be made through Company or Company’s designee. Certain restrictions and blackout dates may apply. Travel for the Prize must be completed no later than September 30, 2023, or the Prize will be forfeited by the winner.
The winner and Guest must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of the winner and Guest to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Prize must be conducted on such dates as agreed to between the winner and Company or Company’s designee. The dates of departure and return for the Prize are subject to change at Company’s sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Travel must be booked at least two weeks prior to travel and travel for the Prize must be completed no later than September 30, 2023. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Company reserves the right to structure the travel route and select hotels in its sole discretion. The Prize is subject to seat and hotel availability, as well as Company’s terms and conditions generally applicable to the Prize. If, in the judgment of Company, air travel is not required due to the winner’s proximity to the Destination, roundtrip ground transportation will be substituted for roundtrip air travel at Company’s sole discretion, and no compensation or substitution will be provided for the difference in the value of the Prize if such a substitution of transportation is made by Company.
Company shall have no liability for any cancellations, delays, diversions or substitution or any acts or omissions whatsoever by the air carriers, hotels transportation companies or any other persons providing Prize-related services or accommodations. Company shall have no liability for any missed travel or expenses incurred as a result of flight cancellation/delay or ground transportation cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other Prize element except at the sole discretion of Company. Additional Prize details and travel information will be provided to the winner at the time of the award notification DM. The winner and Guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Company has not and will not obtain or provide travel insurance or any other form of insurance. The winner may be required to provide a credit card at the time of hotel check-in. Guest of the winner must be at least 18 years of age or older as of the date of departure. Once Guest is selected by the winner and accepted by Company, such person may not be substituted, except in Company’s sole discretion. Travel is subject to restrictions contained in these Rules and the terms and conditions set forth by Company’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned in these Rules are not included as part of the Prize package and the winner bears sole responsibility for all such expenses, including, but not limited to, hotel taxes, additional ground transportation at the Destination, travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the winner.
Company shall have no liability for any Entrant’s failure to receive notices, reminders, or directions due to Entrant’s spam, privacy or other security settings within the Platform, or due to Entrant’s spam, junk email, or other security settings associated with the email used to create the Platform account, or for Entrant’s provision of incorrect or otherwise non-functioning contact information. If any selected winner cannot be contacted, is ineligible or fails to claim the Prize within 14 days from the time the award notification DM was sent, the Prize may be forfeited and an alternate winner selected. If any selected alternate winner cannot be contacted, is ineligible or fails to claim the Prize within 14 days from the time the alternate winner award notification DM was sent, the Prize 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. The 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 and Guest may be required to sign and return a sworn Affidavit of Eligibility and Publicity Release.
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 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.
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 or legal entity’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.
7. RELEASE AND INDEMNIFICATION.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, the Platform or any Platform affiliated company. By participating in this Sweepstakes, all Entrants and winners release, discharge, and hold harmless Company, the Platform 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 prize not accepted by any winner will be forfeited, and the Released Parties are not responsible for any inability of any winners to accept or use any prize (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Sweepstakes or related materials; (b) unauthorized human intervention; (c) technical errors related to computers, providers, telephones, or networks; (d) errors in Sweepstakes administration or entry or communications processing; and (e) 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 the award of the Prize to 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 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.