Great American Cookies
"Double Doozie" Photo Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR AND GOVERN YOUR ENTRY IN THE CONTEST.
1. Contest Period: The Great American Cookies "Double Doozie" Contest ("Contest") begins at 08:01:00 a.m. Eastern Time on 6/17/2013 and ends at 07:59:59 p.m. Eastern Time on 9/1/2013 ("Contest Period").
2. Sponsor & Administrator: Sponsor is GAC Brand and Marketing Fund, LLC, c/o GFG Management, LLC, 1346 Oakbrook Dr., Suite 170, Norcross, GA 30093.
3. Eligibility: Contest is intended for participation and viewing only to lawful permanent residents and citizens of the 50 United States and the District of Columbia who are 18 years of age or older, or the age of majority in their state of residence (whichever is greater), on the date of entry. To participate in the Contest, you must have Internet access. Employees, officers, directors, manager and members of Sponsor and its parent company, affiliates and subsidiaries, advertising and promotion agencies and anyone working on the implementation or administration of the Contest or fulfillment of any prizes, including, without limitation, as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each, are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void where prohibited by law.
4. How to Enter: There are two ways to enter the contest.
4.1 Instagram Entry. To enter the Contest, visit Sponsor’s Instagram page located at http://instagram.com/greatamericancookies during the Contest Period. You must upload a photo of yourself hashtagged #DoubleDoozie with a Great American Cookies Double Doozie in hand or, alternatively, a sign stating "Great American Cookies Double Doozie" ("Entry"). Photo must be in any standard .jpg or other acceptable format less than 3MB in size. You understand that you are providing your Entry to Sponsor, not to Instagram. Sponsor is independent from Instagram, and does not exercise any dominion or control over Instagram’s User Agreement or other Terms and Conditions. There is a limit of 1 (one) Instagram Entry per person/email address per week. Each entry must be of a different image. Additional Entries beyond the specified limit from any one person/email address may be considered be void. Incomplete and inaccurate entries are void. By entering this Contest, each Entrant gives their express permission to be contacted by Sponsor for Contest purposes only. The use of script, macro, automated entry or similar devices or other any other devices that subvert the entry process to participate is prohibited and all Entries through such devices are void. In the event of a dispute as to the identity of any entrant based on an email address, Entrant will be deemed to be the "authorized account holder" of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning email addresses for the domain associated with the submitted email address. Proof (to Sponsor’s satisfaction) of being the authorized account holder may be required.
4.2 Twitter Entry. To enter the Contest, visit Sponsor’s Twitter page located at https://twitter.com/Gr8AmCookies during the Contest Period. You must upload and tweet a photo of yourself hashtagged #DoubleDoozie with a Great American Cookies Double Doozie in hand or, alternatively, a sign stating "Great American Cookies Double Doozie" ("Entry"). Photo must be in any standard .jpg or other accepted format and less than 3MB in size. You understand that you are providing your Entry to Sponsor, not to Twitter. However, Sponsor is independent from Twitter, and does not exercise any dominion or control over Twitter’s User Agreement or other Terms and Conditions. There is a limit of 1 (one) Twitter Entry per person/email address per week. Each entry must be of a different image. Additional Entries beyond the specified limit from any one person/email address may be considered be void. Incomplete and inaccurate entries are void. By entering this Contest, each Entrant gives their express permission to be contacted by Sponsor for Contest purposes only. The use of script, macro, automated entry or similar devices or other any other devices that subvert the entry process to participate is prohibited and all Entries through such devices are void. In the event of a dispute as to the identity of any entrant based on an email address, Entrant will be deemed to be the "authorized account holder" of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning email addresses for the domain associated with the submitted email address. Proof (to Sponsor’s or Administrator’s satisfaction) of being the authorized account holder may be required.
5. Requirements for Entry: Entrant represents and warrants: (i) that Entry is a photo of you, the Entrant, alone, and all elements thereof are original and are not copied from any other work and do not infringe upon the rights of any third party; and to the extent any elements were created by a third party ("Third Party Participants"), you own all right, title and interest to said elements or those elements are in the public domain; (ii) that Entry is free and clear of any conflicting contractual rights or other claims with respect to the use of Entry in the manner authorized herein (including, but not limited to, the right to post the Entry); (iii) that use by Sponsor of Entry 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, including any copyright or trademark interests, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals, and (iv) that Entry is not and will not be defamatory, trade libelous, pornographic or obscene. Entrant also represents that the Entry complies with the following:
- Entry cannot depict only the Entrant, but must include a Great American Cookies Double Doozie or a sign with the words "Great American Cookies Double Doozie";
- Entrant has received permission from any Third Party Participants, if any, to submit the photo constituting the Entry in this Contest and to grant the rights granted to Sponsor herein (and if requested from Sponsor, will provide evidence of this permission);
- Entry (including all elements such as clothing and background objects) shall not contain or refer to any other companies’ or product names, brands, trademarks or logos, advertising campaigns, nor to any political slogans, candidates or messages;
- Entry must comply with all Official Rules contained herein;
- Entry shall not contain offensive material or any elements such as nudity, graphically violent imagery, sexually suggestive imagery, or material that is racially insensitive, profane, slanderous, disparaging to any person or third party, offensive to good taste, discriminatory on the basis of sexual orientation, religion or race, or which visually depicts alcohol, illegal drug use or gambling or is contrary to the interests of any of the Contest Entities, or the corresponding Entries will be disqualified, as determined in the sole right and discretion of Sponsor or Administrator.
- Once Entry is received, it cannot be modified or edited.
Entries which do not conform to these requirements will be disqualified. Sponsor and Administrator further reserve the right, in their sole right and discretion, to verify at any time during the Contest that all necessary rights have been obtained and to disqualify and remove any Entry if they believe that necessary rights have not been obtained.
5. Judging Criteria and Notification: Winning photos will be selected from all photos received during the Contest Period by a panel of judges selected by Great American Cookies based upon the following criteria: Appropriateness to Theme-30%, Originality and Creativity-30%, Suitability for Trade and Advertising Usage-30%, and Picture Quality-10% ("Judging Criteria"). In the event of a tie the tying Entries will be determined based upon the highest score for Appropriateness to Theme. In the event of a second tie, the tying Entries will be re-judged based upon all the Judging Criteria. Potential winner may be subject to verification, including without limitation, verification of eligibility and compliance with these Official Rules. If a prize or prize notification is returned as unclaimed or as undeliverable to the potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt or after 3 email attempts an email comes back as undeliverable, or if potential winner fails to return any requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then the Entry may be disqualified and, at Administrator’s sole right and discretion, a new winner will be notified.
6. Prizes: The following prizes will be awarded:
Total approximate retail value of each prize is $3.00. Potential winner will be contacted by email, mail and/or overnight mail. No transfer, cash or other substitution of prizes allowed except that Sponsor reserves the right, in its sole discretion, to substitute a prize or prize component of comparable or greater value. Allow six weeks for delivery of prize. Gift certificates may be subject to additional terms and conditions. Sponsor will not replace any lost or stolen prizes once in winner's possession. All local, state and federal taxes and fees are the sole responsibility of winner. All decisions by Sponsor as to winner and prizes, as well as all aspects of the Contest, are final and binding.
7. Ownership Of Photo: Entrant retains ownership of the photo Entry submitted, but by entering, Entrant waives all rights in the photo Entry and, on behalf of him/herself and any third parties, hereby grants Sponsor/Contest Entities the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, digitize, otherwise use, and assign or permit others to use and perform throughout the world the photo in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor/Contest Entities and Contest Entities' goods and/or services, all without further consent from or payment to Entrant or any third parties. Sponsor reserves the right to post photos on Sponsor’s website, but Sponsor has no obligation to post or publish a photo, and any such publication or posting will be in Sponsor’s sole right and discretion. In addition, by submitting a photo, Entrant acknowledges that Contest Entities do not waive any rights to use similar or related ideas that might be contained in a photo which were previously known to Sponsor, or developed by the respective employees, or obtained from sources other than Entrant, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to the Entrant or any third party. In the event of any dispute or potential dispute regarding the Entry or any third party, or if Sponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules or any third party rights by any person involved in an Entry, the Entry may be disqualified in Sponsor’s sole right and discretion. Once a person is selected as a potential winner, he/she agrees to irrevocably assign, convey and otherwise transfer to Sponsor, and its successors and assigns, any and all right, title, and interest in perpetuity throughout the world in and to his/her photo, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or "droit moral," and other intellectual property and proprietary rights in the photo, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the photo, in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor's sole discretion in perpetuity. Without limiting the foregoing, Entrant hereby waives and releases Contest Entities from any and all claims that any said persons may now or hereafter have in any jurisdiction based on such "moral rights" or "droit moral" or unfair competition with respect to Sponsor's exploitation of the photo without further compensation of any kind to any Entrant or any third party. Entrants agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Contest Entities, or any other person, on the grounds that any use of a photo Entry, or any derivative works, infringe or violate any of his/her rights therein. Entrant grants the Contest Entities the right to associate the photo with Entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation.
9. General Conditions and Releases: By participating, Entrants agree (a) to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects, (b) that Contest Entities shall have the right and permission to use (unless otherwise prohibited by law) Entrant’s name, voice, statements, city and state of residence, photograph and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose in any and all media or format now known or hereafter devised throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification to Entrant or any third parties; (c) 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, (d) to consent to the jurisdiction and venue of the federal, state, and local courts located in Atlanta, Georgia for the litigation of any dispute arising under these Official Rules, and (e) to release Contest Entities, Instagram, and Twitter and each of their respective officers, directors, agents, representatives and employees; and each of these 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 and/or acceptance or use of any awarded 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 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 reserve the right, in their 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, and, in the event of termination, Sponsor, at its discretion, may select winners from among all eligible, non-suspect entries received prior to the event requiring such termination. 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, force majeure, 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. Sponsor reserves the right, in its sole discretion, to disqualify any person and void all associated entries of any person who they believe has tampered, or attempted to tamper, with the entry process, or any other component of this Contest, whose conduct or actions impair the administration, integrity, security, fairness or proper conduct of this Contest, or who is otherwise not in compliance with these Official Rules. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST 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 Winners List: To request a copy of the Official Rules or Winners List, please send a self-addressed, stamped business size envelope, after completion of the Contest but no later than 9/30/2013 to: "Double Doozie" Contest Winners List or Official Rules, Great American Cookies, c/o GFG Management, LLC, 1346 Oakbrook Drive, Suite 170, Norcross, GA 30093. Do not contact Instagram or Twitter for any information about this Contest.
12. Inquiries: All inquiries regarding these Official Rules or execution of the Contest may be directed to firstname.lastname@example.org.
Sponsor, Administrator and Released Parties are in no way affiliated with Instagram or Twitter. This Contest is in no way sponsored, endorsed or administered by or associated with Instagram or Twitter.