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.
1. Contest Period/Sponsor: The "First Bites" Contest (the "Contest") begins at 12:00:01 AM Eastern Time ("ET") on July 30, 2012 and ends at 11:59:59 PM ET on August 17, 2012 (the "Contest Entry Period"). Sponsor: GAC Brand and Marketing Fund, LLC.
2. Eligibility: The Contest is open to legal residents of the 50 United States or District of Columbia who are 14 years of age or older. Any person who has not reached the age of majority in his or her state of residence must obtain permission from his/her parent or legal guardian prior to participating in this Contest. 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.
3. How to Enter: To enter the Contest, visit http://www.greatamericancookies.com/firsts during the Contest Entry Period, register and complete the Contest Entry Form, and submit a photo or video documenting your “first” moment. The photo or video along with user information constitute an "Entry(ies)". Entries must be received by 11:59:59 PM ET on August 17, 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.
4. Requirements for Entry: Entrant represents and warrants that (i) the photo or video is original and written 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, and (ii) the use by the Sponsor 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.
5. 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, the Great American Cookies website, and Sponsor’s 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 Sponsors' sole discretion.
6. Prizes: One Grand Prize: One (1) grand prize winner will receive a block party for their neighborhood catered by Great American Cookies; catering to include a giant Cookie Cake for attendants. Prize does not include any other services or expenses related to travel or accommodations (such as ground transportation, incidentals). 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 $5500. All federal, state and local taxes on Prizes, if any, are the sole responsibility of Prize winners. 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.
In the event a potential winner is a minor, as determined by the laws of the state in which s/he resides ("Minor"), the parent or legal guardian of said Minor must provide permission for the potential winner to receive the prize.
7. Winner Selection: All Entries will be judged as follows:
Only one Vote per Photo or video per person/computer per Voting Day. Votes from accounts created with the sole purpose of voting multiple times (as determined by Sponsor) will be disqualified. Votes that do not comply with the Official Rules or that result from fraud or collusion may be disqualified in Sponsor's sole discretion. If an Entrant is found to have engaged in such fraud or collusion, all of that Photo or videos' Votes will be disqualified. Sponsor reserves the right to void all Votes made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. The Sponsor's decisions will be solely determinative and final in all matters regarding this Contest.
Round Two: All Finalist photos or videos 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 of writing, (4) sincerity, and (5) suitability for trade and advertising purposes ("Judging Criteria"). The photo or video with the highest score will be the Grand Prize. 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.
8. Runner Up/Winner Notification: Sponsor will notify the potential winners on or about August 20, 2012 by e-mail, phone and/or postal mail. 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 the potential Grand Prize Winner is a Minor, he or she must provide permission from his/her parent or legal guardian in order to receive the respective prize. If the potential Grand Prize Winner is a Minor, then the Release must be signed by that Minor's parent or legal guardian. 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, Entrants (and their parents or legal guardians if Entrants are Minors) 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.
9. General Conditions: By participating, Entrants (and their parents or legal guardians if Entrants are Minors) (a) agree to be bound by these Official Rules and the decisions of the Sponsor 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, or inability to submit Votes; (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. Sponsor 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.
11. Official Rules and Winner's List: For a copy of the official rules or the name of the winner (available after September 1, 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 December 15, 2012.
12. Inquiries: All inquiries regarding these Official Rules or execution of the Contest may be directed to Heather Bunting, Marketing Manager, Great American Cookies, GFG Management, LLC, (770) 514-4865, email@example.com.