OFFICIAL RULES
Tiff’s Treats National Chocolate Chip Day 2024 Giveaway Sweepstakes (“Sweepstakes”)
May 15, 2024 – May 17, 2024

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES GIVEAWAY. VOID WHERE PROHIBITED.

The sponsor of this Sweepstakes is Tiff’s Treats RBD, Inc. (“Sponsor”).  The Sweepstakes shall be subject to these Official Rules (as defined below), and by entering, all participants agree to be bound by the terms and conditions herein and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise and discretion which will be final and binding in all respects.

1.    ELIGIBILITY. The Sweepstakes is open to those natural persons who are 18 years of age or older at the time of entry and who are legal residents of the 48 continental United States, specifically excluding Hawaii, Alaska, the Commonwealth of Puerto Rico and other U.S. territories and possessions (“Eligible Persons”). Employees of Sponsor, and their parents, subsidiaries, affiliates and their immediate family members (spouse, parents, step-parents, children, step-children, siblings, step-siblings, grandparents and their respective spouses, and individuals residing in such immediate family members’ household) are ineligible to enter or to win a Prize (as defined below). Void where prohibited by law, regulation or ordinance. By participating in this Sweepstakes, you agree to be fully bound by these Official Rules and Sponsor’s Privacy Policy (together, the “Official Rules”) and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

2.    SWEEPSTAKES PERIOD. The Sweepstakes begins on May 15, 2024 at the time the Sweepstakes Post (as defined below) is published by Sponsor on the Platform (as defined below) and ends on May 17, 2024 at 11:59 p.m. CT (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes. Entries must be received during the Sweepstakes Period to be deemed eligible to win. The winner will be selected by Sponsor and notified via Platform direct message on or around May 24, 2024.

3.    HOW TO ENTER. During the Sweepstakes Period, any Eligible Person may enter to win (each individually, an “Entrant” and collectively, the “Entrants”) by (i) following @TiffsTreats on Instagram (the “Platform”); (ii) liking the Sweepstakes post published by Sponsor on the Platform (the “Post”); and (iii) commenting on the Post, providing a guess as to the quantity of chocolate chips contained in the bag pictured on the Post (each individually, an “Entry” and collectively, the “Entries”). The Sweepstakes Entry requirements may be collectively referred to herein as the “Entry Requirements”.  The Sweepstakes is limited to one (1) Entry per person and per account on the Platform. No other method of Entry will be accepted.

For the avoidance of doubt, the Prize (as defined below) will be awarded to the Entrant who submits the closest guess to the correct quantity of chocolate chips contained in the bag, without going over the correct quantity. In the event of a tie, the Prize will be awarded to the Entrant randomly selected by Sponsor from the applicable pool of tied Entries.

Entries must fulfill all Sweepstakes requirements, as specified, to be eligible to win a Prize. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Company. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole discretion of Company. All information provided by Entrant must be complete, true and correct. All Entries become the exclusive property of Company and will not be returned.
Any incomplete or unintelligible Entries will not be processed. The use of robotic, automatic, macro, programmed, or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” Entrant) is strictly prohibited. Use of any automated system to participate is prohibited and will result in disqualification. Company is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entry applications, which will be disqualified and destroyed.

Entrants may not enter through an on-line sweepstakes club (paid or unpaid, or similar method), bots, robotic, repetitive, automatic, programmed or similar Entry methods or agents, with multiple or false identities, accounts, devices and/or e-mail addresses, nor shall Entrants use any other device or artifice to enter or participate.  Any Entrant who is suspected of cheating, using fraudulent means, unauthorized Entry methods, attempting to participate multiple times, with multiple e-mails, accounts, and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind, as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Entrant suspected of using/benefitting from such methods.  In the event of a dispute as to the identity of an Entrant, the Authorized Account Holder of the Platform account used in connection with such Entry will be deemed to be the Entrant.  Potential winners may be required to show proof of being the Authorized Account Holder or eligibility.  The “Authorized Account Holder” is the natural person assigned to a Platform account by the Platform, which is responsible for assigning Platform accounts associated with the submitted e-mail address and other personal information required to create an account.

Any Entrant agrees to allow Company or anyone acting on Company’s behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to use the Winner’s name, portrait, picture, voice, likeness, image, photos or statements about or relating to the Sweepstakes, and biographical information (whether in print publication, online, or other means of communication), without compensation, for any purpose, including, without limitation, as news, publicity or information for trade, advertising, public relations and promotional purposes, and to notify the public of their winnings, and Company reserves the right to use the aforementioned information or materials in perpetuity, unless and to the extent prohibited by law. Company is not obligated to use any of the above-mentioned information or materials, but Company may use and edit such information or materials, at Company’s sole discretion, without further obligation or compensation. In addition, each Entrant hereby grants to Company a non-exclusive, royalty-free, perpetual license to use any pictures, photos, images or statements submitted in connection with any Entry made by such Entrant in this Sweepstakes. Each Entrant certifies that such Entrant owns any pictures, photos, images or statements submitted in connection with any Entry made by such Entrant in this Sweepstakes, and that such Entrant has obtained consent of all persons identifiable in such pictures, photos or images to (i) use such pictures, photos or images online, on social media or otherwise, and (ii) permit Company to use such pictures, photos or images without compensation, for any purpose, including, without limitation, as news, publicity or information for trade, advertising, public relations and promotional purposes.

4.    YOUR USE OF SOCIAL MEDIA: While you may tag, forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming.  Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) Entries, likes or follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain Entry, and, if discovered at any time will void the applicable Entry and disqualify the Entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.  If you do not have a social media account, you can become a member without charge by simply following the social media platform instructions and accepting the terms and conditions of use.  Entrants’ use of the respective social media platform used to enter and/or facilitate Entry must comply with and be in accordance with its respective terms of use, terms of service, guidelines and policies (available on their respective platforms).  Sponsor assumes no responsibility for any Entrant’s disregard or failure to comply.  This Sweepstakes is in no way sponsored, endorsed or administered by any social media platform, including, without limitation, Platform or its affiliates.
By entering, Entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e., “digital transmission”), downloading (i.e., “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties.  A delay may occur between uploading an Entry and availability into the public gallery, if any.  If an Entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for Sponsor’s community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Sweepstakes, or will have a detrimental impact on Sponsor, this Sweepstakes, any of Sponsor’s brands, products or services, or the Entry does not initially appear compliant with the respective social media platform guidelines, then Sponsor reserves the right to disqualify such Entry/Entrant and remove any/all such Entry/Entries immediately from the gallery (if any) and this Sweepstakes.

5.    YOUR USE OF A MOBILE DEVICE: If an Entrant is participating in the Sweepstakes via a mobile device, message and data rates may apply.  Entrant should consult his/her wireless service provider regarding its pricing plans.  Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in the stated methods of Entry.  Consent is not a condition of purchase. 

6.    PRIZES, WINNER SELECTION, NOTIFICATION AND ACKNOWLEDGEMENT. Following the end of the Sweepstakes Period, one (1) winner will be selected by Sponsor from the applicable pool of eligible Entries. The potential Winner will be selected and notified on or around May 24, 2024 (the “Winner”).

The Winner will receive a free delivery of one (1) dozen warm Tiff’s Treats cookies from a participating Sponsor store located within the delivery range of the Winner’s delivery address, or if the Winner does not live within the delivery range of a Participating Store location, then the Winner will receive a Tiff’s Treats eGift Card via e-mail in an amount equivalent to a free delivery of one (1) dozen warm Tiff’s Treats cookies (prize up to $28.00 total value; collectively, the “Prize”). 

The total value of the Prize is up to $28.00.

The Winner will be randomly selected from among all eligible Entries received that correctly guessed the quantity of chocolate chips contained in the bag.  If no eligible Entries received correctly guesses the quantity of chocolate chips contained in the bag, then the eligible Entry that is closest to the correct answer without exceeding the correct answer, will be deemed the Winner. If no eligible Entries received correctly guess the quantity of chocolate chips contained in the bag, and no eligible Entries received guess an amount lower than the correct answer, then the submitted Entry that is closest to the correct answer, whether higher or lower than the correct answer, will be deemed the Winner. In the event of a tie, the Winner will be determined via random drawing from among all tied Entries.

The odds of winning a Prize during the Sweepstakes Period depends on the total number of Entrants, as represented by the total number of comments submitted on the respective Post by Eligible Persons following @TiffsTreats on the Platform and which comply with the Entry Requirements and these Official Rules at the time the Sweepstakes Period ends.  There will be a maximum of one (1) Winner during the Sweepstakes Period.  

The Winner will be notified by Sponsor via Platform direct message with additional instructions to claim the Prize. Sponsor shall have no liability for the Winner’s failure to receive notices due to Winner’s spam, junk e-mail, other security settings or Platform settings or for any Winner’s provision of incorrect or otherwise non-functioning contact information. The Winner must respond to such Platform direct message to confirm receipt and claim their Prize within three (3) days of Platform direct message notification or such Winner’s Prize shall be deemed forfeited entirely. The Winner will be required to provide additional contact information to Sponsor, including their phone number, e-mail address and a valid U.S. mailing address for delivery of such Winner’s Prize, in order to be confirmed as a Winner and receive a Prize. 

No cash or other Prize substitution permitted except at Sponsor’s sole discretion. Any Prize is non-transferable. Any Winner is solely responsible for all federal, state and local taxes and other costs pertaining to the awarded Prize, if applicable. Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

All participants agree to allow Sponsor or anyone acting on Sponsor’s behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent, to use the Winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information (whether in print publication, online, or other means of communication), without compensation, for any purpose, including without limitation, as news, publicity or information for trade, advertising, public relations and promotional purposes, and to notify the public of their winnings, and Sponsor reserves the right to use the aforementioned information or materials in perpetuity, unless and to the extent prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but Sponsor may use and edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Winner, or a representative thereof, may be required to sign a media release form which will be provided by Sponsor in order to claim their Prize. 

The receipt by any Winner of any Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE TERMS BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE GIVEAWAY OR PRIZES.

7.    TECHNOLOGY. If, for any reason, Sponsor is unable to conduct this Sweepstakes as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Sponsor which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any Entry, and to disqualify any person found to have interfered or tampered with the Sweepstakes, and if deemed necessary by Sponsor in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Sponsor may also, in its sole discretion, award any Prize from all eligible, non-suspect Entries received as of the date of such action. Sponsor does not assume any responsibility for any failure in transmission, however caused, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of information, or unauthorized access to Entries, including damage or alteration. Sponsor is not responsible for any problems or technical malfunction of any telephone network, telephone lines, computer on-line systems, servers, providers, hardware, software, or failure to receive any e-mail or Entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, lost or unavailable network connections, fraud, incomplete, garbled or delayed transmissions, or any combination thereof, including (i) any injury or damage to an Entrant’s, or any other person’s, electronic device or devices relating to or resulting from participation in this Sweepstakes or downloading of any materials relating to this Sweepstakes, or (ii) any restriction or impedance on your ability to participate in the Sweepstakes. CAUTION: SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS GIVEAWAY OR TO DAMAGE THE WEBSITE.

8.    PRIVACY. Except as provided above, all personal information supplied by Entrants will be subject to Sponsor’s Privacy Policy, which is located at https://www.cookiedelivery.com/footer-nav/privacy-policy.aspx.

9.    RELEASE AND INDEMNIFICATION. By participating in this Sweepstakes, all Entrants and Winners release, discharge, and hold harmless Sponsor and its parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders, representatives, managers, members, owners, attorneys, predecessors, successors, assigns, employees, and agents (collectively, “Released Parties”) from and against any and all liability or claims for any and all legal claims, charges, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses, attorney’s fees, injuries, losses, illnesses, accidents, delays, irregularities, litigation or damages arising, directly or indirectly, out of: (i) their participation in the Sweepstakes, whether caused by negligence or not, and/or the acceptance, use, misuse, non-use or possession of the Prize. Any portion of any Prize not accepted by the Winner will be forfeited, and the Released Parties are not responsible for any inability of the Winner to accept or use any Prize (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Sweepstakes or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible Entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Sweepstakes administration or Entry processing; and (f) injury or damage to persons or property from participation in the Sweepstakes or receipt or use of any Prize.

ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO REASONABLE ACTUAL DAMAGES INCURRED, BUT IN NO EVENT SHALL ANY ENTRANT BE ENTITLED TO ATTORNEY’S FEES. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS OF CLAIM TO PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, AND INCIDENTAL DAMAGES AND ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.

All Entrants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

10.    DISPUTE RESOLUTION. Sponsor’s decisions as to all matters related to the administration of the Sweepstakes and selection of the Winner is final, and by entering the Sweepstakes, Entrant agrees to abide by these Officials Rules and all of Sponsor’s decisions. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, other than the administration of the Sweepstakes or the determination of the Winner, shall be resolved individually, without resort to any form of class action, and exclusively by either the U.S. District Court located in Travis County, Texas or the appropriate Texas state court within Travis County, Texas (unless a Texas mandatory venue statute applies, in which case the mandatory venue shall be the exclusive forum for disputes). By participating in the Sweepstakes, Entrant consents to the personal jurisdiction of such courts and waives any and all objections thereto.

11.    GENERAL CONDITIONS. All federal, state and local laws apply. Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules at any time without notice. In the event that any dispute arises regarding the meaning or interpretation of these Official Rules, all participants agree that the dispute shall be resolved by applying the laws of the State of Texas, without respect to conflict of laws doctrines, and that it shall be resolved by and within the courts of that state. Sponsor is the final interpreter of these Official Rules. The decisions of Sponsor are final in all matters relating to the Sweepstakes and Official Rules. Failure of Sponsor to enforce any provision of the Official Rules will not constitute a waiver of that provision. By entering the Sweepstakes, Entrant agrees to receive e-mail newsletters and other marketing materials periodically from Sponsor. Entrant can opt-out of receiving communications at any time by clicking the unsubscribe link in the newsletter or other communication from Sponsor.

12.    SPONSOR. Tiff’s Treats RBD, Inc. 8310-1 N. Capital of Texas Highway, Suite 110, Austin, Texas 78731.