Wilton Color for the Win Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS, AT THE TIME OF ENTRY, OF ANY ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND THE AGE OF MAJORITY IN THEIR PRIMARY JURISDICTION OF RESIDENCE. VOID IN ALL U.S. TERRITORIES AND POSSESSIONS (INCLUDING PUERTO RICO), AND WHERE PROHIBITED BY LAW.
INTERNET ACCESS REQUIRED. EACH WINNER (AND, FOR MINORS, THEIR PARENTS OR LEGAL GUARDIANS) MAY BE REQUIRED TO EXECUTE PRIZE WINNER DOCUMENTS AND RETURN THEM WITHIN SEVEN (7) DAYS FROM THE DATE THEY ARE SENT (OR OTHER TIMEFRAME SPECIFIED BY SPONSOR (DEFINED BELOW)) OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
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. THIS CONTRACT ALSO REQUIRES YOU AND SPONSOR TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND A WAIVER OF THE RIGHT TO TRIAL BY JURY.
The Wilton Color for the Win Sweepstakes (the “Sweepstakes”) is sponsored by Wilton Industries, Inc. (“Sponsor”).
SWEEPSTAKES PERIOD: The "Sweepstakes Period" begins on Tuesday, September 13, 2017 at 10:00:00 AM Central Time ("CT") and ends on Friday, September 22, 2017 at 11:59:00 PM CT. Sponsor's clock is the Sweepstakes' official clock.
Following the end of the Sweepstakes, five (5) winners will be selected in a random drawing from among all eligible entries received, as set forth below.
ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (collectively, the “Territory”) who are at least thirteen (13) years old as of the date of entry. If you are a minor in your jurisdiction of primary residence when entering this Sweepstakes, you warrant that your parent or legal guardian has read and agreed to these Official Rules on your behalf. The Territory does not include Puerto Rico, Guam, U.S. Virgin Islands and the U.S. Territories and Possessions. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, members, directors, managers, agents, and representatives (including, without, limitation, Wilton Method Instructors) of Sponsor and its parent companies, owners, subsidiaries, divisions, successors in interest, corporate partners, and affiliated companies, any promotion, advertising, or public relations company doing business with any of the above (collectively, along with Facebook and Instagram, the "Released Parties"), or a member of the immediate family (parent, children, siblings, spouse, domestic partner regardless of where they live) or any individual living in the same household of such employees (whether related or not) are not eligible. This Sweepstakes is void outside of the Territory and where prohibited by law.
HOW TO ENTER THE SWEEPSTAKES: If you meet the eligibility requirements, there are four (4) methods of entry in this Sweepstakes ("Entry Methods"), as described below:
Through Facebook, Instagram or Twitter (Entry Methods 1, 2 and 3):
To enter via Facebook or Instagram, first take a Photo of your game day snacks in your team’s colors. The Photo must comply with these Official Rules, including the Submission Requirements set forth below. Once you have created your Photo, you may enter this Sweepstakes by posting your qualifying Photo, along with “#colorforthewinsweepstakes” (“Required Tag”), on your choice of Facebook, Instagram or Twitter as follows: (each, an “Entry Post”).
Via Instagram. By logging into your account on Instagram and posting your Photo along with the Required Tag. Adding the Required Tags to an image previously posted on Instagram will not earn an entry in this Sweepstakes.
Via Facebook. By logging into your account on Facebook, finding the official Sweepstakes announcement post on Sponsor’s official Wilton Cake Decorating Page, available at https://www.facebook.com/wilton.cake.decorating/ (“Sweepstakes Post”), and posting a comment on the Sweepstakes Post that includes your Photo and the Required Tag.
Via Twitter. By logging into your account on Twitter and posting your Photo along with the Required Tag.
Your Entry Post must be posted during the Sweepstakes Period to be eligible in this Sweepstakes.
Sponsor may, in its sole discretion, void any purported entry and/or disqualify you if you do not include the Required Tag when posting your Entry Post. In posting your Entry Post, you may have the opportunity to publicly post text or other user-generated content in addition to your Photo (collectively, with your Photo, your “Entrant Content”). All Entrant Content you submit, post, or otherwise distribute in connection with this Sweepstakes must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules. By posting an Entry Post you are agreeing to these Official Rules.
All Entrant Content must comply with these Official Rules (including, without limitation, the Submission Requirements section below) and the Terms of Service for the Social-Media Platform you used to enter (Instagram: http://instagram.com/about/legal/terms/, Facebook: https://www.facebook.com/terms) and Twitter: https://twitter.com/tos. Your Entry Post will not be deemed an entry in the Sweepstakes until Sponsor verifies that it meets all the Submission Requirements detailed below; but the substantive content of the Entry Post will not otherwise affect your chances of winning (provided your entry otherwise complies with these Official Rules).
Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry Post using a search to find eligible entries. Sponsor may not be able to view purported Entry Posts, receive or send communications, or otherwise detect participation from or interact with entrants who have account settings within their chosen Social-Media Platform that make their updates, comments, posts or communications private, protected, or otherwise limited due to the way the Social-Media Platforms operate their respective services. Sponsor may not be able to communicate with a participant via some of Instagram’s features if participant does not “follow” Sponsor’s @wiltoncakes account on Instagram. No entrant is required to follow any Sponsor account on any of the Social-Media Platforms and may discontinue following Sponsor or having an account on any Social-Media Platform at any time, but doing so may mean that Sponsor cannot receive or provide communications for purposes of administering this Sweepstakes, which could result in entrant being disqualified and ineligible to win a prize. It is each participant's responsibility to set his or her account settings on the applicable Social-Media Platform to ensure that any purported Entry Post is made publicly, to accept contacts by Sponsor, and to timely check his or her account for any comments, @replies, messages, direct posts, or other communications (as applicable) from Sponsor. Sponsor is not responsible for changes to any functionality or policy of a Social-Media Platform (or any website or mobile application offered as part of such Social-Media Platform) that may interfere with the Sweepstakes or ability of an entrant to timely enter or otherwise participate at all. Entry Posts that are not both actually visible and timely received by Sponsor will not be entered into this Sweepstakes.
Entrant’s Entry Post must remain visible to Sponsor throughout the award of the prize in this Sweepstakes and Sponsor may, in its sole discretion, disqualify any entrant whose Entry Post is removed or otherwise made invisible to Sponsor prior to such time. Sponsor, at its sole discretion, may accept or disqualify any purported Entry Post that omits or contains a technically incorrect variation of the Required Tag. Purported Entry Posts that are incorrect or incomplete, received outside the Sweepstakes Period, or contain obscene, offensive, or any other language or imagery communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void.
To enter without posting a Photo (Entry Method 4):
Eligible individuals can also visit www.wilton.com/cms-contest-2017-color-for-the-win-sweepstakes (“Sweepstakes Site”) and follow the on-screen links and instructions to complete and submit the Sweepstakes entry form during the Sweepstakes Period. For purposes of this Sweepstakes, an entry via this method is earned when the Sponsor’s website servers record a completed entry with all required information.
SUBMISSION REQUIREMENTS: Your Photo and any accompanying content or information (“Entrant Content”) must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified in Sponsor’s sole discretion:
- The Photo must contain an image of your sports related game day snack(s) showing your team’s colors as well as the hashtag #colorforthewinsweepstakes included in the caption or description of the post.
- Entrant Content must not infringe on the intellectual property rights of any person or entity. Entrant Content must NOT contain any commercial or corporate advertising. Sponsor does not permit the infringement of others’ rights and any use of materials not original to participant is grounds for disqualification from the Contest. For example, do not copy, depict, identify or include your favorite movie, cartoon character, television show, book or photo or include materials, images, graphics, or trademarks or copyrights belonging to any third parties or incorporate names, likenesses or personas of any third party other than yourself in your Entrant Content. Additionally, Entrant Content may not contain brand names, trademarks or company logos.
- Entrant Content must not include material that (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, defamatory, slanderous or libelous, (b) is derogatory, designed to harass or promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill that Sponsor has worked hard to create and wishes to associate with their company; (e) is false, fraudulent, deceptive, misleading and/or (f) is injurious to any individual, any Contest Entity, or any third party.
- Entrant Content must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.
- All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain, all third party content and content unoriginal to you is prohibited.
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
- Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.
- Entrant Content must be suitable for presentation in a public forum.
- Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s (defined below) display and use of the Entrant Content will not violate any agreement to which you are a signatory or party.
- You agree to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content.
LIMIT ONE (1) ENTRY PER PERSON, PER EMAIL ADDRESSES.
No more than one (1) prize will be awarded per household, regardless of email address used. Entries must be received during the Sweepstakes Period through the Page and in strict accordance with the instructions and restrictions on the Page and these Official Rules; an entry is “received” when submission of completed entry form is actually recorded by the Page’s servers. Other proof of submitting an entry (such as printed or copies of confirmation screen or massage) does not constitute actual receipt of the entry for purposes of this Sweepstakes.
Facsimiles, mechanical reproductions, alterations, garbled, incomplete, incomprehensible, misdirected, lost, late, mutilated, or forged entries, or entries generated bay macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries may not be made jointly or by any group and may only be made by an individual. Entries made by any other individual on your behalf, by you on behalf of another party, by any entity, or entries originating at any website other than as set forth in these Official Rules, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified from this Sweepstakes. As a condition of entering the Sweepstakes, 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 Sweepstakes and complying with applicable laws, regulations, and rules.
RANDOM SWEEPSTAKES DRAWING: Following the close of the Sweepstakes Period, Sponsor will conduct a random drawing from among all eligible entries received during the Sweepstakes Period. The drawing will be conducted within approximately five (5) business days after the close of the Sweepstakes Period. A total of five (5) potential winners will be selected during the drawing. (Each Entrant selected in the drawing is a potential “Prize Winner.”) The potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules by Sponsor. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes.
If properly claimed, the Prize Winners will receive the prize identified below (“Prize”):
The Prize consists solely of the following:
- Color Swirl 3-Color Coupler Decorating Kit – ARV: $7.99
- Color Right Food Coloring System – ARV: $24.99
- Color Mist Black Food Coloring Spray – ARV: $3.79
- Color Mist Gold Food Coloring Spray – ARV: $4.29
- Color Mist Silver Food Coloring Spray – ARV: $4.29
- Candy Melts Bright White – ARV: $3.79
- Candy Melts Red – ARV: $3.79
- Candy Melts Green – ARV: $3.79
- Candy Melts Royal Blue – ARV: $3.79
- Large Sports Sprinkles Set – ARV: $4.99
- Football Cake Pan – ARV: $13.99
Total ARV of each Prize: $79.47. Total ARV of all Prizes available in this Sweepstakes: $397.45.
ODDS OF WINNING: The odds of winning depend on the total number of entries received as of the end of the Sweepstakes Period.
HOW TO CLAIM A PRIZE: Sponsor will attempt to contact each potential Prize Winners via email if they won a Prize within approximately ten (10) business days of the applicable drawing. The potential prize Winners must respond to Sponsor within seven (7) calendar days and provide Sponsor with his/her complete street address (P.O. Boxes are not allowed).
Each potential Prize Winner (and the parents or legal guardians for potential winners who are minors in their state or jurisdiction of primary residence) may, in the discretion of Sponsor, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law), and tax documents, if applicable (collectively, "Prize Winner Documents") within the time frame specified and in the form provided by Sponsor, without revision, or Prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within seven (7) days of the date they are sent to the potential Prize Winner (or other time frame as stated on the Prize Winner Documents), or Prize may be forfeited and an alternate winner may be selected. If any Prize, Prize notification, or other Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, or if a selected potential Prize Winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prize Winner. The Prize claim and Prize Winner Documents are subject to verification by Sponsor. The Prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any Prize for any reason, in which case the Prize may go unawarded.
Prizes will only be mailed to the Prize Winners’ address in one (1) of the fifty (50) United States or the District of Columbia. Please allow approximately 6-8 weeks for shipment. If Sponsor determines, at any time and in their sole discretion, that a potential Prize Winner is ineligible, disqualified, or not in compliance with these Official Rules, or if the Prize Winner declines to accept the Prize, the Prize may be forfeited, the potential Prize Winner disqualified, and, in the Sponsor’s sole discretion, the Prize may be awarded to an alternate potential Prize Winner selected from a pool of eligible Entrants, even if the disqualified Prize Winner or potential Prize Winner's name may have been show nor announced.
The right to receive a Prize is non-assignable, non-transferable and no Prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute Prize of equal or greater value for any reason, including in case of unavailability of Prize or force majeure. Federal, state and local taxes, and all other costs and expenses associated with Prize acceptance or use and not specified in these Official Rules as being part of a Prize, if any, are the sole responsibility of Prize Winner of any Prize. Sponsor shall not be held responsible for any delays in awarding any prizes for any reason. Prizes will only be awarded to verified Prize Winners. All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. If a Prize Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that Prize or portion thereof. There Released Parties will not replace any lost, mutilated or stolen Prizes or Prize elements or any Prize or Prize elements that are undeliverable or do not reach Prize Winner because of an incorrect or changed address or other contact information.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more potential Prize Winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the Prize Winners. If, for any reason, the Sweepstakes is not capable of running as planned, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of Prize Winners, in a manner they deem fair and reasonable, including the selection of winners from among eligible un-suspect entries received prior to such cancellation, termination, modification or suspension. Released Parties are not responsible for any changes or unavailability of any e-mail account that may interfere with the Sweepstakes or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
GOVERNING LAW/DISPUTES/ARBITRATION: YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE SWEEPSTAKES ARE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER COOK COUNTY, ILLINOIS, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROMOTION WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT MAY BE HELD IN YOUR HOMETOWN AREA. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN COOK COUNTY, ILLINOIS. SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE SWEEPSTAKES.
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
By entering the Sweepstakes (except where prohibited by law), each Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes.
Entrants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious Entry and/or participation are detected. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any provision of these Official Rules is held unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise 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 insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAYBE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the entry, but only if that person meets all other eligibility criteria. In the event of a dispute concerning who submitted an entry via email, the entry will be declared to have been made by the registered account holder of the e-mail address submitted during entry, but only if that person meets all other eligibility criteria. Registered account holder is defined as the natural person who is assigned ton e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential Prize Winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the potentially winning entry or the registered account holder for the e-mail address submitted at the time of entry, as applicable. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER'S LIST/OFFICIAL RULES: To find out who won, individuals should print their name and address on a 3"x5" card, and mail it in an envelope (first-class, postage-paid) to: Wilton Digital Marketing, Color for the Win Sweepstakes September 2017 Sweepstakes Winners, 535 E. Diehl Road, Suite 300, Naperville, IL 60563. Requests for winner information must be received no later than three (3) months after the Sweepstakes Period. For a copy of these Official Rules, during the Sweepstakes Period, visit www.wilton.com/cms-contest-2017-color-for-the-win-sweepstakes-rules.
Sponsored by Wilton Industries, Inc. 535 E. Diehl Road, Suite 300, Naperville, IL 60563.
Entrants specifically release Sponsor from any and all liability associated with this Sweepstakes.