Great American Cookies
“First Bites” Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. ALL U.S. FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
- Contest Period/Sponsor: The "First Bites" Contest (the "Contest") begins at 12:00:01 AM Eastern Time ("ET") on October 8, 2012 and ends at 11:59:59 PM ET on November 5, 2012 (the "Contest Entry Period").
- Sponsor and Administrator: The Sponsor of the Contest is GAC Brand and Marketing Fund, LLC (“Sponsor”). The Administrator of the Contest is The Summit Group Communications.
- Eligibility: The Contest is open to legal residents of the 50 United States or District of Columbia who are 18 years of age or older, or the age of majority in his or her state of residence at the time of entry, whichever is greater. To participate in the Contest, Entrants must have Internet access. Employees of Sponsor and each of their respective subsidiaries, affiliates, as well as the advertising and promotional agencies and anyone involved in the development, administration, fulfillment and execution of the Contest (collectively, "Contest Entities") and the immediate family members (spouse, parent, child, sibling) and members of the household of each are not eligible to enter or win.
- How to Enter: To enter the Contest, visit http://www.greatamericancookies.com/firsts during the Contest Entry Period, complete and submit the Contest Entry Form, and upload a photo or video documenting your “first” moment (e.g., first tooth, first home, first day at school, etc.). Photos must be in any standard .jpg or other format accepted by Administrator and less than 3MB in size. Videos can be no longer that two (2) minutes in length. The photo or video, along with Contest Entry Form, constitute an "Entry(ies)".
Entries must be received by 11:59:59 PM ET on November 5, 2012. The person named on the Contest Entry Form will be deemed the entrant ("Entrant"). Entries must be submitted by an individual; no group entries allowed. Incomplete, unreadable, unintelligible or otherwise non-compliant Entries will be disqualified. Entries will not be acknowledged or returned. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. One entry per individual.
- Requirements for Entry: Entrant represents and warrants that (i) the photo or video is original and created by Entrant, is not copied in whole or in part from any other work, and does not infringe upon the rights of any third party; (ii) the use of the photo or video by Contest Entities as granted herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party or give rise to any claims for any payment; and (iii) the photo or video is not defamatory, libelous, pornographic or obscene. Photos or videos will not be accepted that refer to any other companies' or product names, brands, or trademarks, contain any personally identifiable information, or are offensive, controversial or involve any subject which is contrary to the interests of Sponsor, as determined in the sole discretion of Sponsor.
- Ownership/Use of Entries: By entering the Contest, you grant Contest Entities a perpetual, irrevocable, non-exclusive license to the photo or video, including the right to publish, reproduce, distribute, display, exhibit, transmit, and otherwise use, and permit others to use, the photo or video in any manner, form, or format now or hereinafter created, including on the Internet (such as Sponsor's website and Facebook® and Twitter® Pages), and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest Entities' goods and/or services, all without further consent from or payment to you. Entrants acknowledge that Contest Entities do not waive any rights to use similar or related ideas that might be contained in a photo or video which was previously known to Sponsor, or developed by their employees, or obtained from sources other than Entrant, or rights to use similar or related ideas without any restriction whatsoever or further obligation to Entrants. In the event of any dispute or potential dispute regarding the photo or video, the corresponding Entry may be disqualified in Sponsor’s sole discretion.
- Prizes: One Grand Prize and Two Runner-Up Prizes: One (1) Grand Prize Winner will receive free cookies for one year by means of monthly deliveries of one dozen cookies shipped from Sponsor’s plant to the Grand Prize Winner’s address, and a $1000.00 VISA® gift card. Two (2) Runner-Up Prize Winners will each receive a $250.00 VISA® gift card. Sponsor will issue and file an IRS form 1099 in the name of the Grand Prize Winner for the value of the Grand Prize. Total approximate retail value of all Prizes is $1700. All federal, state and local taxes on Prizes, if any, are the sole responsibility of Prize winners. All Prizes are subject to the terms and conditions of the gift cards/vouchers. No transfer, substitution or cash redemption will be awarded in lieu of Prize except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. Prizes are awarded “as is” and Sponsor does not make, nor in any manner will be responsible for, any warranty, representation or guarantee relating to Prizes.
- Winner Selection: All submitted eligible photo or video Entries will be judged by a panel of marketing experts employed by and/or affiliated with Sponsor based on the following criteria: (1) originality, (2) creativity, (3) quality, (4) appropriateness to theme, and (5) suitability for trade and advertising purposes ("Judging Criteria"). In the event of a tie, the tying Entries will be determined on the highest score received for creativity. In the event of a further tie, the tying Entries will be determined on the highest score received for suitability for trade and advertising purposes. In the event of a continued tie, the tying Entries will be re-judged based on all the Judging Criteria.
- Winner Notification: Sponsor or Administrator will notify the potential winners on or about November 26, 2012 by e-mail or phone. The potential Grand Prize Winner will be required to execute an affidavit of eligibility, liability release, publicity release and grant of rights (collectively, "Release") as a condition to being declared the winner. If a potential winner does not respond to the notification or does not return the required Release or permission within seven (7) days of the date of notification, or if a potential winner is found to be ineligible for any reason, the potential winner will be disqualified and will forfeit any rights to the prize and a runner up will be selected as the applicable winner.
By entering this Contest, unless prohibited by law, Entrant grants to the Contest Entities the right to use, display, distribute or publish such Entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived therefrom, and his/her photo or video Entry, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity without limitation or compensation and without additional notice. By entering this Contest, Entrant waives any claims to compensation, royalties, or other remuneration for all uses of the photo or video Entry by Contest Entities (or their respective agents) that are permitted or granted hereunder.
- General Conditions: By participating, Entrants (a) agree to be bound by these Official Rules and the decisions of the Sponsor, Administrator and the judges, which shall be final in all respects, (b) agree that any dispute arising under this Contest will be governed by, and construed in accordance with, the laws of the State of Georgia, United States of America, without giving effect to any choice of law or conflict of law rules, (c) consent to the jurisdiction and venue of the federal, state, and local courts located in Atlanta, Georgia, and (d) hereby release the Contest Entities, and each of their respective officers, directors, agents, representatives and employees; and each of those companies' and individuals' respective successors, representatives and assigns (collectively, the "Released Parties"), from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Contest, the contents of their photo or video and/or acceptance or use of any prize.
Entrants agree to indemnify and hold the Released Parties harmless from and against any claims arising out of a breach by Entrant of any of the representation and warranties contained in these Official Rules. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer or website malfunctions, lost connections, disconnections, delays, inability to
upload or download or transmission errors; (iii) data corruption,
theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use or misuse of such prize, or from participation in the Contest; or (v) any printing, human typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention, human error or other error, corrupt the administration or security of the Contest. Contest Entities shall not be responsible if the Contest cannot be implemented or if a prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANTS (AND THEIR PARENTS OR LEGAL GUARDIANS IF ENTRANTS ARE MINORS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT
TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Official Rules and Winner's List: For a copy of the Official Rules or the name of the winners (available after November 26, 2012), mail a self-addressed, stamped envelope to: "The First Bites Contest," 1346 Oakbrook Drive, Suite 170, Norcross, GA 30093. (VT residents may omit return postage from Rules requests). Please note on the front left corner of the envelope that you are requesting "Rules" or "Winner's List". Requests must be received by January 21, 2013.
- Inquiries: All inquiries regarding these Official Rules or execution of the Contest may be directed to firstname.lastname@example.org.