Trick or Treat Yoself Contest RulesOctober 18, 2019
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL
NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL
LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The Trick or Treat Yoself Contest (the “Contest”) is open to legal residents of the United States, who are at least eighteen (18) years old at the time of entry. Employees of Insomnia Cookies and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Prior to being eligible to receive any prize, an entrant who has been selected as a potential winner of the Contest must provide the Sponsor with any information or certificates needed by the Sponsor, in its judgment. Without limiting the foregoing, a person who was selected as a winner of the Contest may be required to complete and electronically sign 1) an affidavit of eligibility, and 2) any other document the Sponsor determines is required, necessary or appropriate, in its judgment to confirm the winner’s eligibility and for tax reporting purposes. The Contest is subject to federal, state, and local laws and regulations.
The Contest is sponsored by Insomnia Cookies (the “Sponsor”), located at 10 Campus Boulevard, Newtown Square, Pennsylvania 19073.
3. Agreement to Official Rules
Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on October 31, 2019 at 9 a.m. Eastern Daylight Time (“EDT”) and ends on November 1, 2019 at 6 a.m. EDT (the “Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest. Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods:
5. How to Enter
Online: During the Contest Period, Entrants (as defined herein) must satisfy all of the following (collectively, the “Entry”):
- Wear a Halloween costume to an Insomnia Cookies bakery store location;
- take a photograph of themselves in a Halloween costume while in the store location;
- post the photo to one (1) of Entrant’s public Facebook, Twitter or Instagram account; and
- tag @insomniacookies and use the hashtag #trickortreatyoself when posting the photo.
Limit one (1) Entry per person for the duration of the Contest Period. All Entries must be complete to be eligible. Entries received by the same Entrant on more than one social media platform will be void. Entrants must have a publicly accessible social media account to be eligible. Private account submissions will be void. Entries received from any person, social media account, or social media platform, in excess of the stated limitation will be void. All Entries become the property of Sponsor and will not be acknowledged or returned. The person uploading the Entry will be deemed the Entrant (the “Entrant”). In the event of dispute as to the identity of an Entrant, the Entrant will be deemed the owner of the social media platform account.
6. Winner Determination
Winners will be determined according to the process set forth below.
Judging Phase: A panel of qualified judges, as determined by Sponsor in its sole discretion, will select one (1) Entry from each social media platform (Facebook, Twitter, and Instagram), for a total of three (3) winners (the “Grand Prize Winners”), based on the following criteria:
i. Fit to Contest Requirements
Sponsor will not disclose runners-up.
7. Prize Drawing
On or about November 1, 2019, the Sponsor will select three (3) Grand Prize Winners from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to contact potential winners directly through the social media platform on which Entrant posted their Entry. If the potential winners cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place from the remaining non-winning, eligible entries.
8. Winner Notification
The potential winners will be notified by direct message on the social media platform on which Entrant posted their Entry. Each potential winner of the Contest must comply with the requirements set forth in Section 1. Failure to comply with such requirements within five (5) days of the date of notice or attempted notice, or if a potential winner cannot be contacted, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the affidavit of eligibility on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will select an alternate potential winner in his/her place from the remaining non-winning, eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest.
Prizes (3): Each Grand Prize Winner shall receive one (1) one-hundred dollar ($100.00) Insomnia Cookies gift card, redeemable at any Insomnia Cookies store location (each, a “Prize”). No substitution or transfer of any Prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the Prize (or portion of the Prize) is unavailable. Prizes and Prize components may be substituted for any reason at the discretion of Sponsor. All federal, state and local taxes are the sole responsibility of the Grand Prize Winners.
Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission (as defined below), and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
11. Ownership of Submission
By participating in the Contest, each Entrant shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to such Entrant’s submission (each, a “Submission”) and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Entrant accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Entrant will indemnify Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
12. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize to an alternate winner from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
13. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Pennsylvania. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Pennsylvania, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Pennsylvania. Each Entrant agrees that any cause of action arising out of or in connection with the Contest, or the prizes awarded in connection there with, shall be resolved individually, without resort to any class or collective action.