Tiff’s Treats Treats Truck Sweepstakes (“Sweepstakes”) April 3 – April 28, 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 April 3, 2023, at 12 a.m. Central Time (“CT”) and ends on April 28, 2023, at 11:59 p.m. CT (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 winners will be selected and notified via email on May 1, 2023.
3. HOW TO ENTER. During the Sweepstakes Period, any Eligible Person may enter to win via (i) the Sweepstakes landing page located at http://cookiedelivery.com/win-the-treats-truck, and by submitting their full name and email address as requested (“Entrants”). 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 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 selected and notified on May 1, 2023. The winner will be randomly selected from the pool of Entrants. The winner will receive a visit from the Treats Truck (the “Event”), at the winner’s place of business or an Event location of the winner’s choosing subject to agreement upon the Event location by Company in Company’s sole discretion) in the city location listed in the winner’s entry materials (the Event must include at least 50 attendees and no more than 200 attendees; up to two cookies per attendee; winner may choose up to four cookie flavors for the Event; the Event location must be in the Eligibility Area (Tiff’s Treats locations list may be found at https://www.cookiedelivery.com/locations-deliveries.aspx?tab=3)). The odds of winning a prize depend on the total number of entries, as represented by the total number of eligible entries submitted which comply with these Official Rules at the time the Sweepstakes Period ends.
The winner 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. If any selected winner cannot be contacted, is ineligible, or fails to claim the prize within 5 days from the time the award notification 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 5 days the prize shall be deemed forfeited entirely, and no further alternate winner will be selected.
Approximate retail value of the prize is $1,800. No cash or other prize substitution permitted except at Company’s sole discretion, and no compensation or substitution will be provided for any difference in prize value based upon number of attendees at the Event. 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 prize 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.
By participating in this Sweepstakes, all Entrants and winners 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 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 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.