Show Us Your Cap Contest Official Rules
By entering the Insomnia Cookies (“Contest”), each participant (“Participant”) agrees to be bound by the following terms and conditions.
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN: Purchase will not improve your chances of winning.
2. Sponsor: The sponsor of the Giveaway is Insomnia Cookies LLC. (“Sponsor”), 440 Park Avenue South 14th Floor New York, NY 10016.
3. Eligibility: The Contest is open only to legal U.S. residents of the 48 contiguous United States and the District of Columbia who are 18 years of age or older at the time of entry. Void where prohibited. All federal, state, local, and municipal laws and regulations apply.
4. How to Enter: You will need an active and non-private Twitter, Instragram or Facebook account ("Account") to participate in the Giveaway. All Terms and Conditions of Twitter, Instagram and Facebook apply. To enter, you must post of photo of your Insomnia Cookies themed and decorated graduation cap to either Twitter, Instragram or Facebook with the hashtag #insomniacapcontest during the Contest Period. The Contest begins April 24, 2017 at 8AM EST and ends May 12th, 2017 at 5PM EST. Entries are the property of Sponsor and will not be acknowledged or returned, and no correspondence will be entered into by Sponsor to Participant regarding the status of an entry. One (1) entry per Participant. One prize per household/Twitter/Instagram/Facebook account. Participant may not participate with multiple e-mail addresses or Twitter/Instagram/Facebook accounts.
5. Contest Judging: Entries (consisting of photo submitted with the #insomniacapcontest hashtag as described in Section 4) will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. The top three (3) participants whose entries are selected by the panel of judges will be deemed the winners. Winners will be announced on or around May 17th, 2017 on the Sponsor’s Facebook and in the Sponsor’s newsroom.
6. Prizes: First place prize pack includes: $25 Insomnia Cookies Gift Card, an Insomnia Cookies hammock, cooler, sunglasses and tumbler. Second place prize pack includes: $15 Insomnia Cookies Gift Card, an Insomnia Cookies hammock, cooler, sunglasses and tumbler. Third place prize pack includes: a $10 Insomnia Cookies Gift Card, an Insomnia Cookies cooler, sunglasses and tumbler. Prizes nontransferable; no cash redemptions or substitutions of the prize is offered, except at Sponsor’s sole discretion. If any prize becomes unavailable for any reason, the Sponsor, in its sole discretion, reserves the right to substitute a prize of comparable value.
7. Notification and delivery of prize:
a. Potential Winners will be notified via Facebook in a post from Sponsor on the Sponsor’s Facebook Account on May 17th, 2017. Potential Winners must reply by direct message to Sponsor’s Facebook Account with their name, email address, and physical address.
b. Sponsor reserves the right to disqualify a Potential Winner if he/she does not respond to the notification within 48 hours of Sponsor’s post being posted, or if such notification is returned as undeliverable. In such event, Sponsor may select another qualifying Participant as a Potential Winner within 2 working business days thereafter in a random drawing from all remaining eligible entries. If a Potential Winner cannot or will not accept the prize, the prize will be forfeited and an alternate Potential Winner may be selected in a random drawing from all remaining eligible entries.
c. Potential Winner’s prize will be delivered to the Potential Winner by a courier service within 14 days after such Potential Winner has been notified of their prize and he/she accepts his/her prize, in accordance with these Official Rules.
d. All prizes will be awarded provided a sufficient number of eligible entries are received.
9. Indemnification: Each Participant hereby agrees to indemnify and hold harmless Sponsor and Facebook from and against any and all third party claims, actions, or proceedings of any kind and any and all losses, damages, costs and expenses relating to or arising out of the Contest; participation in the Contest; the acceptance, possession, quality, use or misuse of a prize; or any breach of these Official Rules.
10.Miscellaneous: Where permitted by law, acceptance of a prize constitutes Potential Winner’s permission for Sponsor and its agents to use Potential Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. By participating in this Contest, Participants agree that Sponsor and its affiliates, and each of their respective directors, officers, employees, agents, heirs, successors, and assigns (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest, or from Potential Winner’s acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to any Participant’s, or any other person's, computer system, mobile device, tablet, or other device which is occasioned by participating in the Giveaway, or for any computer system, phone line, hardware, network, software or program malfunctions, interrupted or unavailable network, server or other connections, inability to access Sponsor, submit entries or other disruption related to Internet traffic, virus, bug, or nonauthorized intervention, or other errors, failures, delayed computer or satellite transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due mail; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The use of automated or third-party software or website to enter is prohibited, and any entries made through such methods will be disqualified. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest by posting a notice to www.insomniacookies.com if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein or that the Contest is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures or any other causes which Sponsor deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to the reasons set forth above, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the Potential Winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration. Sponsor’s failure to enforce any provisions of these Official Rules shall not constitute a waiver of that provision. Participants agree to completely release Facebook from all claims based on, related to, or arising from the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
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