OFFICIAL RULES
Tiff’s Treats Moment Makers Contest (“Contest”)
January 22, 2024 – March 17, 2024
 

NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING.  AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.  VOID WHERE PROHIBITED.

1.    ELIGIBILITY.
Subject to the additional restrictions below, the Contest sponsored by Tiff’s Treats RBD, Inc. (the “Sponsor”) is open to (i) 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, other than Florida, New York and Rhode Island, and specifically excluding Hawaii, Alaska, the Commonwealth of Puerto Rico and other U.S. territories or possessions; or (ii) those certain non-profit or for-profit entities, or other clubs or organizations, which are domiciled in any location within the Eligibility Area (collectively, the “Eligible Persons”). Employees of Sponsor are ineligible to win. Void where prohibited by law, regulation or ordinance. By participating in this Contest, participants 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 of the Contest. The Contest is subject to all applicable federal, state and local laws.

2.    CONTEST PERIOD; ENTRY PERIOD.
The Contest begins on January 22, 2024, at 12:00 a.m. Central Time (“CT”) and ends on March 17, 2024 at 11:59 p.m. CT (the “Contest Period”). The Contest Period will consist of eight (8) separate entry periods, occurring weekly, as described in Section 3 below (each an “Entry Period” and collectively, the “Entry Periods”). Within one (1) week from the close of a respective Entry Period, the recipients of winning nominations will be selected, and the individual responsible for submitting such winning nomination will be notified of their winning entry via phone or email. Entries received after the Contest Period will be deemed ineligible to win. Sponsor’s computer is the official time-keeping device for the Contest.

3.    HOW TO ENTER.
During the Contest Period, any Eligible Person (the “Entrant”) may nominate someone in the community to win a prize (the “Nominee”). The Contest is open to (i) those Nominees who, at the time of entry, have a valid delivery address (whether a residence, business, school institution, or otherwise) in the city of Atlanta, Austin, Charlotte, Raleigh, Nashville, Denver or Tampa (each a Participating City” and collectively, the “Participating Cities”), that is located within the delivery range of a participating Sponsor store location (each a “Participating Store” and collectively, the “Participating Stores”); and (ii) those Entrants who complete and submit the online entry form located at [https://cookiedelivery.com/moments], which requires the Entrant to (a) provide certain personal information of Nominee, including their name, contact information, and delivery address; and (b) compose an original essay, not to exceed five hundred (500) words, providing reasoning for why Nominee deserves a special recognition, acknowledgment or appreciation (collectively, the “Nomination”).

Entrants are not allowed to nominate themselves to win. Employees of Sponsor are eligible to participate in the Contest by submitting a Nomination, but they are not eligible to receive a Prize. Sponsor, in its sole discretion, may require Entrant to verify such information before it selects a Nominee as a winner. Entrants are entering on behalf of the Nominee named in the Nomination. Entrants nominating someone are not eligible to receive any Prize for submitting such nomination.

There is no limitation to the amount of Nominations made per Entrant during the Contest Period. Any Eligible Person may enter the Contest more than once, provided each Nomination is submitted separately via the designated website entry form; however, the recipient of a winning nomination is only eligible to win one (1) Prize during the Contest Period.

During the Contest Period, the Nomination list will refresh each week at the close of the respective Entry Period to ensure timely recognition, acknowledgment, and appreciation of each Nomination.

The Nomination must fulfill all Contest requirements, as specified, to be eligible to win a Prize.  Nominations which are incomplete or which do not adhere to these Official Rules, may be disqualified at the sole discretion of Sponsor. 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 Sponsor. All information provided by Entrant must be complete, true and correct. The information contained in all Nominations becomes the exclusive property of Sponsor and will not be returned.

Any incomplete or unintelligible Nominations will not be processed. The use of robotic, automatic, macro, programmed, or like methods (including without limitation the use of any promotion/contest subscription, notification entry or like sites or services that offers contest entry services “on behalf of” Entrant) is strictly prohibited. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entry applications, which will be disqualified and destroyed.

The Contest Period consists of the following separate Entry Periods:

 
Potential winners will be selected weekly, beginning on or around January 29, 2024, with the final Entry Period winners selected on or around March 18, 2024.


4.    PRIZES, CRITERIA, WINNER SELECTION AND NOTIFICATION.
Following the end of each Entry Period within the Contest Period, ten (10) winners will be selected by Sponsor from the applicable pool of Nominations for such Entry Period (each a “Winner” and collectively, the “Winners”). There will be a maximum of ten (10) weekly Winners, and a maximum of forty (40) monthly Winners per Participating City.

At the conclusion of each Entry Period within the Contest Period, the top Contest entries within such Entry Period will be determined from among all eligible Nominations, by Moment Makers Committee Members (the “Judges”) who will be selected by Sponsor in its sole discretion. The decisions of the Judges are final on all matters relating to each Entry Period, and all Nominations will be judged based on the following criteria: (i) Completion: whether the Entrant has completed all fields required on the Nomination form (0–25 points); (ii) Feasibility: whether the Nominee has a valid delivery address in a Participating City located within the delivery range of a Participating Store (0– 25 points); and (iii) Articulation: whether the Nomination is compelling and whether such Nomination aligns with the Moment Maker Program goals and objectives (i.e., the entry highlights specific achievements, contributions or behaviors of the Nominee, expressing an appreciation, acknowledgment and/or recognition of such Nominee) (0–50 points).

At the conclusion of each Entry Period, the ten (10) eligible Nominations with the highest scores based on the categories outlined above, will be selected by the panel of Judges in its sole discretion. Following the selection and confirmation of the Winners for such Entry Period, the Sponsor will send the recipients of such winning anonymous Nominations the Prize within one (1) week unless otherwise specified by the individual who nominated the winning recipient.

Each winning Nominee will receive a gift of a box of one (1) dozen mixed Tiff’s Treats Cookies, along with an anonymous personalized gift message (prize up to $111.00 total value) (collectively the “Prizes” and each individually, a “Prize”). The total value of all Prizes for each Entry Period within the Contest Period is up to $1,110.00.

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. 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.

Any Winner agrees 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 such Winner’s name, portrait, picture, voice, likeness, image or statements about the Contest, 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 receipt by any Winner of a Prize offered in this Contest 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 WINNER OF THE CONTEST AND ALL PRIVILEGES AS 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 CONTEST OR PRIZES.

5.    PARTICIPATION.
If, for any reason, Sponsor is unable to conduct this Contest 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 Contest, Sponsor reserves the right, at its sole discretion, to disqualify any Entrant found to have interfered or tampered with the Contest, and if deemed necessary by Sponsor in its sole discretion, to cancel, terminate, modify or suspend the Contest. Sponsor may also, in its sole discretion, award any prize based on the entries received as of the date of such action. 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 communications from Sponsor 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. 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 CONTEST OR TO DAMAGE THE WEBSITE.

6.    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.

7.    RELEASE AND INDEMNIFICATION.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter and/or Facebook (collectively, the “Platform”) or any Platform affiliated company. By participating in this Contest, all Entrants and Winners release, discharge, and hold harmless Sponsor, the Platform and their 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 Contest, whether caused by negligence or not, and/or the acceptance, use, misuse, non-use or possession of any prize. Released Parties are not responsible for: (a) printing or typographic errors in any Contest or related materials; (b) unauthorized human intervention; (c) technical errors related to computers, providers, telephones, or networks; (d) errors in Contest administration or entry processing; and (e) injury or damage to persons or property from participation in the Contest 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 Contest 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.

8.    DISPUTE RESOLUTION.
Sponsor’s decisions as to all matters related to the administration of the Contest and selection of the Winners are final, and by entering the Contest 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 Contest, or any prizes awarded, other than the administration of the Contest or the determination of the Winners, 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 Contest, Entrant consents to the personal jurisdiction of such courts and waives any and all objections thereto.

9.    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, 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 Contest and Official Rules. Failure of Sponsor to enforce any provision of the Official Rules will not constitute a waiver of that provision.

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