WARM MOMENTS GIVEAWAY OFFICIAL RULES
Tiff’s Treats Warm Moments Giveaway (“Sweepstakes”)
March 4, 2024 – December 31, 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.

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 Tiff’s Treats RBD, Inc. (“Company”), 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 and win. Void where prohibited by law, regulation or ordinance. By participating in this Sweepstakes, participants agree to be fully bound by these Official Rules and Company’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 Company, 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 March 4, 2024, at 12:00 a.m. Central Time (“CT”) and ends on December 31, 2024, at 11:59 p.m. CT (the “Sweepstakes Period”). Company’s computer is the official time-keeping device for this Sweepstakes. Entries received after that date and time will be deemed ineligible to win. The Winners (as defined below) will be selected and notified via email on or around the dates listed in Section 3 below.

3.    HOW TO ENTER; COMPANY USE OF ENTRY MATERIALS. During the Sweepstakes Period, any Eligible Person may enter to win by completing all required questions in the online form located here (“Entrants”), including submitting Entrant’s first name, last name, e-mail address, state of residence, photo, story behind photo and agreeing to the rules and terms of the Sweepstakes. Entry via the online form closes at the end of the Sweepstakes Period.
 

Sweepstakes Entry Periods:

Unlimited entries accepted per person per Sweepstakes Entry Period. An Entrant’s entry/entries during any Sweepstakes Entry Period is/are only eligible to win during the Sweepstakes Entry Period in which such entry/entries occurred. Entries are not cumulative.

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.

If a dispute arises over the identity of the person who transmitted an entry via an identified email address, the Authorized Account Holder of the email address at time of entry will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to an email address by an internet access provider, online provider or other organization (e.g., business, education institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Any potential winner may be required to show proof of being the Authorized Account Holder. No transfer of ownership of an entry is permitted. No entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities; an entry must be from and on behalf of a natural person.

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.    PRIZES, WINNER SELECTION, NOTIFICATION AND ACKNOWLEDGEMENT. On or about each winner selection date set forth in Section 3 above, following the end date of each such Sweepstakes Entry Period set forth in Section 3 above, Company will randomly select up to three winners from the applicable pool of Entrants and entries for such Sweepstakes Entry Period (each, a “Winner”, and collectively, the “Winners”). Each Winner will receive a $100 Tiff’s Treats Gift Card. The odds of winning a prize during a given Sweepstakes Entry Period depend on the total number of eligible entries received during such Sweepstakes Entry Period. There will be a maximum of 30 Winners during the Sweepstakes Period. Each Entrant is only eligible to win once during any Sweepstakes Entry Period. Any Entrant is eligible to win for any Sweepstakes Entry Period during which they submit one or more eligible entries, even if they were selected as a Winner for one or more prior Sweepstakes Entry Period(s).

The Winners will be notified by email and receive additional instructions to claim the prize. Company shall have no liability for any Winner’s failure to receive notices due to winner’s spam, junk email or other security settings or for any winner’s provision of incorrect or otherwise non-functioning contact information. If any selected Winner cannot be contacted, is ineligible, or fails to claim the prize within 5 days from the time the award notification was sent, the prize for the applicable Sweepstakes Entry Period may be forfeited and an alternate Winner selected for such Sweepstakes Entry Period. If any selected alternate Winner cannot be contacted, is ineligible or fails to claim the prize within 5 days the prize for the applicable Sweepstakes Entry Period shall be deemed forfeited entirely, and no further alternate Winner for such Sweepstakes Entry Period will be selected.

No cash or other prize substitution permitted except at Company’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. Each selected Winner will receive an IRS Form W-9 from Company which must be completed by such selected Winner and returned to Company in accordance with instructions sent by Company to such selected Winner. Failure by any selected Winner to return a completed Form W-9 to Company in accordance with Company’s instructions may result in complete forfeiture of such prize and disqualification of such selected Winner as a Winner of the Sweepstakes, at Company’s sole discretion.

The receipt by any Winner of the prizes 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 COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY 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 GIVEAWAY OR PRIZES.

5.    TECHNOLOGY. If, for any reason, Company 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 Company which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Sweepstakes, Company 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 Company in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Company may also, in its sole discretion, award any prize from all eligible, non-suspect entries received as of the date of such action. Company 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. Company 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 email 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: COMPANY 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.

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

7.    RELEASE AND INDEMNIFICATION. By participating in this Sweepstakes, all Entrants and Winners release, discharge, and hold harmless Company 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(s) will be forfeited, and the Released Parties are not responsible for any inability of the Winner(s) to accept or use any prize(s) (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.

8.    DISPUTE RESOLUTION. Company’s decisions as to all matters related to the administration of the Sweepstakes and selection of the Winners are final, and by entering the Sweepstakes Entrant agrees to abide by these Officials Rules and all of Company’s decisions. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes 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 Sweepstakes, 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. Company 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. Company is the final interpreter of these Official Rules. The decisions of Company are final in all matters relating to the Sweepstakes and Official Rules. Failure of Company 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.