Tiff’s Treats National Chocolate Chip Day Influencer Giveaways (“Giveaways”)
May 13 – May 18, 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 SWEEPSTAKES GIVEAWAY. VOID WHERE PROHIBITED.
2. GIVEAWAY PERIODS. The Giveaways shall begin between May 13, 2022, at 12:00 a.m. Central Time (“CT”) and May 16, 2022, at 11:59 p.m. CT (the “Influencer Post Period”). Each respective Giveaway will begin during the Influencer Post Period at the date and time when the respective Influencer publishes such Influencer’s Giveaway post (a “Post”), and such Giveaway will end 48 hours after the date and time such Post is published (a “Giveaway Period”). The computers of each of the Influencers hosting each of the Giveaways are the official time-keeping devices for the respective Giveaways. Entries received after the end of a respective Giveaway Period will be deemed ineligible to win. Winners of the Giveaways will be notified via direct message (“DM”) by the applicable Influencer on Instagram no later than 11:59 p.m. CT on May 18, 2022 with further information.
3. HOW TO ENTER. The Giveaways will occur through the Instagram social media platform (the “Platform”). During each respective Giveaway Period, Eligible Persons must (i) be followers of @tiffstreats on the Platform and (ii) comment on the respective Post to enter the respective Giveaway (“Entrants”). Entry for each Giveaway closes at the end of the respective Giveaway Period. Entrants are only eligible to win once per Post. Only one entry per person per Post. Anyone found to be using multiple accounts to enter will be disqualified.
An entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries in a Giveaway that are not complete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of the applicable Influencer. If you use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be removed from eligibility at the sole discretion of the applicable Influencer. 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 a Giveaway is strictly prohibited and will result in disqualification.
If a dispute arises over the identity of the person who claims the Platform account awarded a prize, the Authorized Account Holder of the Platform account at time of receipt of the winner notification DM will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to a Platform account by the Platform, which is responsible for assigning Platform accounts associated with the submitted email address and other personal information required. 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. Winners of a Giveaway will be notified by the applicable Influencer via Platform DM between the end of the applicable Giveaway Period and 11:59 p.m. CT on May 18, 2022. For each Giveaway, the applicable Influencer will choose two winners at random from the pool of Entrants for such Giveaway. For each Giveaway, up to two winners will each receive a $50 Tiff’s Treats Virtual Gift Card. For each Giveaway, the odds of winning a prize depend on the total number of Entrants, as represented by the total number of comments on the respective Post by Eligible Persons following @tiffstreats on the Platform, at the time the respective Giveaway Period ends.
Company and the Influencers shall have no liability for an 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 a selected winner of a Giveaway cannot be contacted, is ineligible or fails to claim such winner’s prize within 5 days from the time such winner’s award notification DM was sent, such prize may be forfeited and an alternate winner selected. If a selected alternate winner cannot be contacted, is ineligible or fails to claim such alternate winner’s prize within 5 days from the time such alternate winner award notification DM was sent, such prize shall be deemed forfeited entirely, and no further alternate winner will be selected with respect to such prize
No cash or other prize substitution permitted. All prizes are non-transferable. Winners are solely responsible for all federal, state and local taxes and other costs pertaining to any 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. Potential winners may be required to sign and return a sworn Affidavit of Eligibility and Publicity Release.
Each winner agrees to allow Company, the applicable Influencer, or anyone acting on Company’s behalf, or Company’s respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to use such winner’s name, portrait, picture, voice, likeness, image or statements about the applicable 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.
The receipt by a winner of a prize offered in a Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE TERMS BY A WINNER (AT THE APPLICABLE INFLUENCER’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF SUCH 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, an Influencer is unable to conduct such Influencer’s 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 such Influencer which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of such Giveaway, such Influencer reserves the right, at such Influencer’s sole discretion, to disqualify any entry, and any person found to have interfered or tampered with such Giveaway, and if deemed necessary by such Influencer in such Influencer’s sole discretion, to cancel, terminate, modify or suspend such Giveaway. An Influencer may also, in such Influencer’s sole discretion, award prizes from all eligible, non-suspect entries for the applicable Giveaway received as of the date of such action. Company and all applicable Influencers do 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 and all applicable Influencers are 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, entry, or other correspondence 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 devices relating to or resulting from participation in a Giveaway contemplated by these Rules or downloading of any materials relating to a Giveaway, or (ii) any restriction or impedance on your ability to participate in a 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 THESE GIVEAWAYS OR TO DAMAGE THE COMPANY’S WEBSITE.
7. RELEASE AND INDEMNIFICATION. These Giveaways are in no way sponsored, endorsed or administered by, or associated with, the Platform or any Platform affiliated company. By participating in a Giveaway, 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 and the applicable Influencers (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 a Giveaway contemplated by these Rules, whether caused by negligence or not, and/or the acceptance, use, misuse, non-use or possession of any prize. Any prize not accepted by a winner will be forfeited, and the Released Parties are not responsible for any inability of any winners to accept or use the prizes (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Giveaway or related materials; (b) unauthorized human intervention; (c) technical errors related to computers, providers, telephones, or networks; (d) errors in administration or entry or communications processing of a Giveaway; and (e) injury or damage to persons or property from participation in a 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 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 a 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. Each Influencer’s decisions as to all matters related to the administration of such Influencer’s Giveaway and the award of prizes to winners are final, and by entering such Giveaway Entrant agrees to abide by these Rules and all of such Influencer’s decisions. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with a Giveaway, or any prizes awarded, other than the administration of a Giveaway 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 a Giveaway, 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 Rules at any time without notice. In the event that any dispute arises regarding the meaning or interpretation of these Rules, Entrants 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 Rules. The decisions of Company are final in all matters relating to the Rules, and the decisions of each Influencer are final in all matters relating to such Influencer’s Giveaway. Failure of Company to enforce any provision of the 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.