Twitter Party Rules
SCHARFFEN BERGER CHOCOLATE MAKER "HOLIDAY RECIPE EXCHANGE
TWITTER PARTY GIVEAWAY" SWEEPSTAKES("SWEEPSTAKES") OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. SWEEPSTAKES ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED.
1. HOW TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE IN SWEEPSTAKES. The Sweepstakes will begin on December 11, 2012 at 7:00PM EST and end on December 11, 2012 at 8:00PM EST ("Entry Period"). Bake Your Day, ("Sponsor") will post a message at https://twitter.com/BakeYourDay on Twitter when the Sweepstakes has ended. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
All Entries must have a valid Twitter account. Entries will be deemed made by the authorized Twitter account holder associated with the username from which the Entry is submitted at the time of entry. The authorized account holder is defined as the natural person who is assigned to a username by twitter.com. You must enter using only a twitter.com account subscribed to and registered in your name. Potential winners may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the user name/Twitter account associated with the winning Entry and/or an eligible entrant. Participants may not register with multiple/different email addresses, Twitter accounts, or identities nor may entrants use any other methods, devices, or artifices to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple Twitter accounts under multiple identities will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Entries generated by a robotic, programmed, script, macro or any other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All Entry information becomes the property of the Sponsor. Proof of submission of Entry shall not be deemed proof of receipt by the Sponsor. Twitter’s computer is the official time keeping device for the Sweepstakes.
2. ENTRY GUIDELINES/CONDITIONS: By submitting an Entry, you hereby warrant and represent that your Entry conforms to the Entry Guidelines set forth herein. Entry must contain the "#ScharffenBerger" hashtag to be valid. Entries must be your original work; may not have won previous awards; may not have been previously published; may not be obscene or indecent; cannot be sexually explicit or suggestive, profane or pornographic, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; cannot be offensive or endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; may not invade privacy or other rights of any person, firm or entity; may not in any other way violate any applicable federal, state or local laws or regulations or the Twitter.com Terms of Service; may not contain any reference to any third party trademarks, names or third party logos or any copyrighted components (other than as owned by the Entrant); and cannot contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses. Entries containing any such prohibited content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate or not in compliance with these Entry Guidelines may be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Sweepstakes. Sponsor reserves the right to waive the Entry guidelines set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Entry Guidelines prior to the end of the Entry Period.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION. Submission of a Entry grants Sponsor and its agents an unlimited worldwide, perpetual, license and right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without any additional notification, permission, or consideration to the entrant, whether or not such Entry is selected as a winning Entry.
ENTRIES POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants.
By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Any other attempted form of Entry is void.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name or likeness or is used in the Entry and (f) and that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it http://www.thehersheycompany.com/legal.aspx.
3. PRIZES: Five (5) Grand Prizes. The Grand Prizes consists of an assortment of SCHARFFEN BERGER® baking chocolate, a SCHARFFEN BERGER® Fiolio Box of Assorted tasting Squares and an iSi® Scraper Spatula. Approximate retail value (ARV): $50.00. The difference between any stated value and actual value will not be awarded to winner. Odds of winning a prize depend upon the number of eligible Entries received. If a prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value. Total ARV of all prizes awarded is $250.00.
4. DRAWING: Potential winners, subject to verification, will be selected in a random drawing from among all eligible Entries received on or about December 11, 2012 by Bake Your Day, whose decisions regarding Sweepstakes matters are final and binding.
5. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States residing in the 50 United States and the District of Columbia who are 18 years of age or older as of the date of entry. The Sweepstakes is void where prohibited by law. Employees, officers and directors of Sponsor, and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional, production and judging agencies, (and their respective IRS dependents, immediate family members [parents, children, siblings and their respective spouses]) and individuals residing in their same household (whether or not related) (collectively, "Sponsor and Promotion Parties") are not eligible to participate or win.
7. WINNER NOTIFICATION: Potential winners will be notified by a direct message to the potential winner’s Twitter ID as recorded in the winner’s Twitter account within 5 days. Sponsor is not responsible for any change in participant’s Twitter account information, email, mailing address, and/or telephone number of entrants. Potential winners must respond to the direct message within 24 hours of receiving it. If a potential winner does not respond within that timeframe, cannot be contacted, prize or winner notification is returned as undeliverable, or winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will result in forfeiture and an alternate winner may be selected. Five grand prizes will be awarded. If winner of any prize is a minor in his/her state of residence, prize may be awarded to the minor’s parent or legal guardian. If applicable, allow four weeks for delivery of prize following completion of notification process. Prizes will only be delivered to addresses within the United States.
8. CONDITIONS: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons including death or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded, with use of the Entry by Sponsor, or while preparing for, participating in or traveling to or from any prize-related activity or for any typographical or other error in these Official Rules, the offering or the administration of the Sweepstakes, or the announcement of offering of any prize. The winners shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except for residents of Tennessee and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the winner’s name, address, voice, statement, picture or other likeness, without additional review, notification or financial or other compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any Entry, for advertising and promotional purposes in all media (including, but not limited to, the internet) without limitation or additional compensation.
9. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility for: (a) electronic transmissions or Entries that are lost, illegible, late, stolen, damage, garbled, destroyed misdirected, incomplete, or not received by the Sponsor or its agents for any reason; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information; and (b) any incorrect or inaccurate information, whether caused by Web site users, or by any equipment or programming associated with or utilized in this Sweepstakes; any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Web site. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual it finds to be tampering with or attempting to tamper with the entry process or operation of Sweepstakes or Web site, to be acting in violation of the terms of the Web site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor is not responsible for injury or damage to entrants’ or any other person’s computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of Web site or Twitter.com. If, for any reason, Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned including but not limited to infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor and Promotion Parties that, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Sweepstakes, and determine winner from all eligible, non-suspect Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, authorized subscriber of e-mail account used to enter at actual time of entry will be deemed to be the entrant’s, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses. It is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her e-mail address during the Entry Period.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
11. GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Maryland, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Maryland, in the County of Montgomery.
12. WINNER’S NAME: For the first name, last initial, hometown and state of the prize winners, mail in a self-addressed, stamped envelope to: Scharffen Berger Chocolate Maker c/o RF|Binder, 950 Third Avenue, 7th Floor, New York, NY 10022 by January 11, 2013
SPONSOR: Bake Your Day, firstname.lastname@example.org.
PRIZE SPONSOR: Scharffen Berger Chocolate Maker c/o RF|Binder, 950 Third Avenue, 7th Floor, New York, NY 10022, www.scharffenberger.com.
© 2012 The Hershey Company.