MRS. FIELDS BACK TO SCHOOL OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS IS REQUIRED. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility: Mrs. Fields Back to School Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old and the age of majority in their state of residence at the time of entry. Employees of Mrs. Fields Famous Brands, LLC dba Mrs. Fields, each of its respective parent, subsidiary, related and affiliated entities, suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of all parties are not eligible. Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Contest Rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Mrs. Fields Famous Brands, LLC, a Delaware limited liability company, dba Mrs. Fields, 8001 Arista Place, Suite 600, Broomfield, Colorado 80021.
3. How to Enter Contest/Timing: To enter, beginning at 12:01 am Mountain Time on August 23, 2013 submit a comment to the Mrs. Fields blog posting announcing this contest (the “Blog”) that includes a picture or drawing showing what your child dreams to be as an adult. Please be aware that although the winners will be selected by judging the photos, drawings or other images that may have been created by a minor child, each entrant must be at least eighteen (18) years old to qualify. Sponsor is sensitive to the protection of information of children and the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and does not in any way seek and will not collect any identifiable information of any child in relation to this Contest. Sponsor also specifically requests asks that you do not share any such identifiable information of any child. All entries must include a valid photo, image or drawing and must be received before midnight Mountain Time on August 30, 2013. One entry per person.
Entries that are altered, incomplete, or generated by a macro or with intent to subvert the entry process will not be accepted and are void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player, but only if that person meets all other eligibility criteria for this Contest. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules. All entries must be received by Sponsor by the deadlines or they will be void. For purposes of this Contest, an entry is received when a comment is posted to the Blog.
4. Winner Selection: Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. Following the close of the contest, Sponsor will evaluate all entries. Winners will be selected subjectively by Sponsor based on the extent to which each entry conveys a sense of inspiration. Winners will be chosen in the sole discretion of Sponsor and all decisions are final.
5. Winner Notification. Potential winners will be notified by email on or before September 13, 2013. Winners will be required to execute an Affidavit of Eligibility, Liability/Publicity Release (where legal) and an Assignment of Rights (collectively, the “Prize Acceptance Documents”) within ten (10) days of notification or prize will be forfeited. Return of prize notification as undeliverable may result in disqualification and alternate determination. If any potential winner is found to be ineligible or if any potential winner does not comply with the Official Rules, then the potential winner may also be disqualified and an alternate potential prize winner will be determined. Sponsor will attempt to notify potential winners within 10 business days after selection. If a potential winner cannot be contacted within 14 days after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place from all entries received.
6. Prize: Three winners will be selected (the “Prize Winners”). The first prize winner will receive one (1) Five Hundred Dollar ($500) Visa gift card and one (1) Two Hundred Dollar ($200) Naartjie gift certificate. The second prize winner will receive one (1) Two Hundred Dollar ($200) Visa gift card and one (1) Fifty Dollar ($50) Naartjie gift certificate. The third prize winner will receive one (1) Seventy-Five Dollar ($75) Visa gift card and one (1) back to school cooler filled with Mrs. Fields treats with an approximate retail value of Fifty Dollars ($50). Prize award is subject to verification of eligibility and compliance with these Official Rules.
Prize Winners are responsible for all federal, state, and local taxes, if applicable, associated with prize receipt and/or use. All other expenses and costs not expressly listed above are Prize Winners’ sole responsibility. No transfer, substitution or cash equivalent by Prize Winners are permitted except as otherwise stated herein. Sponsor reserves the right, in its sole discretion, to substitute each prize with one of comparable or greater value. Prize Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize, except in Sponsor’s sole discretion. All prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion
7. Entry Requirements: Any photo, drawing, image or other content contained in an entry that, in Sponsor’s sole and absolute discretion, (i) is obscene, profane, lewd or defamatory; (ii) violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (iii) includes anti-social content, a commercial solicitation or promotional materials, or address, phone number, or URL address; (iv) does not meet the requirements outlined in these Official Rules; or (v) is otherwise objectionable, will not be considered and may disqualify the entry. Each entrant grants to Sponsor and its affiliates, subsidiaries, assigns, licensees, sublicensees, agents and representatives a worldwide, royalty-free, unrestricted, perpetual, non-exclusive right and license to copy, distribute, transmit, publish, edit, exhibit, disseminate, display, reproduce, create derivative works from and use in any way, throughout the universe and in perpetuity, each entry, and any reproductions or derivative works thereof, through any and all manners, formats or media now known or hereafter devised (including on websites owned or controlled by Sponsor, its affiliates or anyone acting on Sponsor’s authority), for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Sponsor’s reasonable request. Any entry deemed inappropriate or unsuitable, in Sponsor’s sole and absolute discretion, will be disqualified. Sponsor has the sole and absolute discretion to determine whether an entry is suitable or not. Entries must not be offensive, obscene, profane, lewd or defamatory as determined by Sponsor in its sole and absolute discretion. Normal internet access and usage charges imposed by entrants’ online service will apply. No information regarding entries, other than as otherwise set forth in these Official Rules will be disclosed.
8. Release: Entrant hereby waives any right to royalties or other compensation arising from or related to Sponsor’s use of the entry. Sponsor reserves the right to discontinue the use of the entries without notice to any entrant, including the winners. Entrant hereby represents and warrants to Sponsor that the entry does not and shall not infringe on any copyright or any other right of any third party nor violate any applicable law, rule or regulation, and such entrant hereby agrees to indemnify, defend and hold Sponsor harmless from and against any and all third party claims for intellectual property infringement or from and against any claim arising from or relating to Sponsor’s use of the entry. Except where prohibited, participation in the Contest constitutes Prize Winners’ consent to Sponsor’s and its agents’ use of their name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Contest, each entrant agrees to release, indemnify and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, attorneys’ fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, receipt or use or misuse of any prize. The Released Parties are not liable to the winner, an entrant or any person claiming through such winner or entrant for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by Released Parties, the entrant, or by human error: lost, late, incomplete, or misdirected entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Contest; unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; technical or human error which may occur in the administration of the Contest or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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 any other Promotion 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
10. Limitations of Liability: By participating, participants agree to be bound by these Official Rules, and the decisions of the Sponsor which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants and Sponsor in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
12. Disclosure of Winners: For a list of winners, send a self-addressed, stamped envelope for receipt by September 30, 2013 to: Mrs. Fields Back to School Contest, 8001 Arista Place, Suite 600, Broomfield, CO 8002.