National Cake Decorating Day Master Tip Set Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”) OR INSTAGRAM, LLC (“INSTAGRAM”).
POTENTIAL WINNERS WILL BE REQUIRED TO RESPOND TO AN INITIAL NOTIFICATION FROM SPONSOR (DEFINED BELOW) WITHIN THREE (3) DAYS AND MAY ALSO BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FORTY-EIGHT (48) HOURS FROM THE DATE OF ISSUANCE, AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS SWEEPSTAKES, 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 FROM YOU, A CLASS-ACTION WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, WAIVER OF THE RIGHT TO TRIAL BY JURY, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The National Cake Decorating Day Master Tip Set Sweepstakes (“Sweepstakes”) is sponsored by Wilton Industries, Inc. (“Sponsor”). The Sweepstakes begins at 9:00:00 a.m. Central Time (“CT”) on October 10, 2017, and ends at 8:59:59 a.m. CT on October 11, 2017 (the “Sweepstakes Period”). Eligible participants (see Eligibility requirements, below) may enter the Sweepstakes by posting a statement (in English) to one of the approved Social-Media Platforms with all required language in the Entry Post (each term defined and described below). See Section 4, below, for important Submission Requirements for your Entry Post and other Entrant Content (defined below) before entering. Following the close of the Sweepstakes Period, one (1) entrant will be randomly selected by Sponsor as the potential winner of this Sweepstakes.
This Sweepstakes is open only to legal residents of any one (1) of the fifty United States or the District of Columbia (“Territory”) who are at least eighteen (18) years of age and the age of majority in their state or jurisdiction of residence as of the date of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, and its respective corporate partners, parent companies, divisions, subsidiaries, affiliates, assigns, and successors in interest, and any other party participating in the development, design, administration, or fulfillment of this Sweepstakes (collectively, along with Facebook and Instagram, the “Released Parties”), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prize in this Sweepstakes. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. Facebook and Instagram are referred to collectively in these Official Rules as the “Social-Media Platforms.”
- HOW TO ENTER:
To enter this Sweepstakes, you must select one of the four cake decorating trends that Wilton will post on the Social Media Platform and then write your selection as a comment under that post. Your comment will serve as the “Entry Post.”
(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 other user-generated content in addition to your Entry Post (collectively, with your Entry Post, 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 Section 4 below and otherwise comply with these Official Rules. By posting an Entry Post you are agreeing to these Official Rules.
You may post your Entry Post through either of the following two (2) “Entry Methods”:
- Instagram. By logging into your account on Instagram and posting a comment on that post.
- Facebook. By logging into your account on Facebook, finding the official Sweepstakes announcement post on the official Wilton Cake Decorating Facebook page, available at https://www.facebook.com/wilton.cake.decorating/, and posting a comment on that post.
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. 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.
LIMIT ONE (1) ENTRY PER PERSON PER SOCIAL-MEDIA PLATFORM. Subsequent attempts made by the same individual to submit entries in excess of the above-stated limit by submitting multiple Entry Posts, by using multiple accounts on a single Social-Media Platform, or by any similar means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Entries must be submitted and received by Sponsor during the Sweepstakes Period through one of the approved Entry Methods and in strict accordance with the instructions and restrictions in these Official Rules. Entry Posts that are not both actually visible and timely received by Sponsor will not be entered into this Sweepstakes. For purposes of this Sweepstakes, an Entry Post is “received” when the applicable Social-Media Platform records your Entry Post and it is visible to Sponsor during the Sweepstakes Period. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of your purported Entry Post on one of the Social-Media Platforms) does not constitute proof of actual receipt of the entry for purposes of 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. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by you on behalf of any other individual or any entity or group, made by another on your behalf, or originating at any online service other than one of the approved Social-Media Platforms (including, without limitation, through a commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. YOU SHOULD RETAIN A BACK-UP COPY OF ANY ENTRANT CONTENT YOU SUBMIT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
- SUBMISSION REQUIREMENTS:
All Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:
- Your Entry Post may include a photograph, other still image, and videos but no other animations are allowed. This will not increase Entrant’s chances of winning.
- Entrant Content must be entirely in the English language.
- Your Entrant Content must be not more than 200 words or the maximum permitted length for a post as imposed by the applicable Social-Media Platform, whichever is shorter.
- All Entrant Content posted to a Social-Media Platform must comply with the terms, policies, guidelines, and technical specifications applicable to that Social-Media Platform.
- If your Entrant Content mentions, includes, or depicts any identifiable person other than you, you agree that (a) such person is at least the age of majority in his/her jurisdiction of residence or, if the person is a minor, you are his/her parent or legal guardian and (b) you have that person’s approval to include his/her name, likeness, or image in the Entrant Content and submit it in this Sweepstakes (or you can provide such approval on behalf of your minor child) and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe specified.
- Your Entrant Content must be original to you (or in the public domain) and no other person or entity may have rights to your Entrant Content. Your 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.
- For any Entry Post that includes a photograph, any third-party content appearing in that photograph must appear in a non-infringing manner where that content is incidental, in the background, and not the focal point of the photograph (all as determined by Sponsor in its sole discretion) or where that third-party content is in the public domain. Other types of Entrant Content should include third-party content only where that content is in the public domain (i.e., no longer subject to copyright protections).
- Your Entrant Content must be suitable for viewing by the general public. No profanity, violence, nudity, or obscene material is allowed. Do not include any deceptive, disparaging, defamatory, harassing, or hateful material in your Entrant Content or any virus or harmful code.
- Your Entrant Content cannot encourage dangerous or illegal activities and must not in any way violate any federal, state, or local law, rule, or regulation.
- You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this Sweepstakes or grant the rights granted by you in these Official Rules.
- You agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Entrant Content authorized pursuant to these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Sweepstakes and/or cease or refrain from displaying or publishing any Entrant Content that – as determined by Sponsor in its sole discretion – refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
- WINNER SELECTION/NOTIFICATION:
Following the conclusion of the Sweepstakes Period, Sponsor will randomly select four (4) winners from among all eligible entries received. Sponsor reserves the right to contact entrants for verification purposes and administration of the Sweepstakes. Sponsor’s decisions are final and binding in all matters relating to this Sweepstakes. The potential winner will be notified in accordance with the procedures outlined below, depending on the Entry Method used by the potential winner.
If the potentially winning Entry Post was entered via Instagram: Sponsor will contact a potential winner from Sponsor’s @WiltonCakes Instagram account using Instagram’s direct message feature. The potential winner will be required to respond to Sponsor as instructed in the direct message within three (3) days of initial notification. Sponsor may, alternatively or in addition to a direct message, attempt to contact a potential winner by posting a comment on the Entry Post on Instagram instructing the potential winner to contact Sponsor as instructed in the comment and provide all requested information. Such potential winner must then respond to Sponsor’s comment as instructed within twenty-four (24) hours after the comment was posted. Once the potential winner has responded to Sponsor as instructed, Sponsor may provide the potential winner with a unique code and require the potential winner, within a timeframe specified by Sponsor, to post that unique code as a comment on the Entry Post in order to verify that the respondent is also the Instagram account holder. Entrants are encouraged to monitor their Instagram accounts for correspondence from Sponsor. If an entrant is not a follower of Sponsor’s @WiltonCakes account on Instagram, such entrant may have to affirmatively accept a direct message sent by Sponsor.
If the potentially winning Entry Post was entered via Facebook: Sponsor will attempt to notify the potential winner via Facebook message, by posting notice on the Wilton Cake Decorating Page on Facebook (https://www.facebook.com/wilton.cake.decorating/), by commenting on the potentially winning Entry Post, or any combination of the above. The potential winner must respond within five (5) days and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited.
The following applies to any potential winner, irrespective of entry/notification method: It is each potential winner’s responsibility to set his or her account settings on the applicable Social-Media Platform to accept contacts by Sponsor and to timely check his or her account for any comments, @replies, messages, or other communications from Sponsor. Failure to timely RESPOND OR complete any of the steps SET FORTH IN THE NOTIFICATION PROCEDURES above for any Entry Post, including failure by ANY POTENTIAL WINNER to notice or accept a COMMENT, @reply, direct message, FACEBOOK MESSAGE, OR OTHER COMMUNICATION sent by Sponsor, may result in disqualification OF SUCH POTENTIAL WINNER and SELECTION OF an alternate winner. Potential winner may be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law), a confidentiality agreement and tax documents (collectively, “Prize Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number and a copy of a government-issued identification or number therefrom, 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 forty-eight (48) hours of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate wi
nner may be selected. If any prize, prize notification, or other Sweepstakes-related communication is returned as undeliverable or if a selected potential 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 winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any Entry Post.
- PRIZE, QUANTITY & APPROXIMATE RETAIL VALUE (“ARV”):
Subject to verification, four (4) prize winners in this Sweepstakes will win a prize consisting solely of one (1) Stainless Steel 55-Pc. Master Tip Set. The ARV of the prize is $59.99. Total ARV is $239.96.
All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of winner. Winner may be issued a 1099 and related tax forms for the actual value of the prize. No more than the stated prize will be awarded. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach the winner because of an incorrect or changed address or contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring the right to receive the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute the prize or any portion thereof with another prize or portion thereof of equal or greater value for any reason. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. 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.
Each entrant, upon submission of any Entrant Content in this Sweepstakes, hereby irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entrant Content, in whole or in part, for any purpose and in any manner or medium now or hereafter known or devised (including, without limitation, optical media, streaming media, film, television, print, interactive devices, mobile media, Internet and online systems), throughout the universe and in any and all languages (including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, and adapt the same, to combine it with other material, and otherwise use and exploit it) without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prize to the winner in this Sweepstakes. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entrant Content, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting any of the foregoing, Sponsor will have the right to (i) use the Entrant Content (and all images, text, and materials included or depicted therein) in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose and (ii) copy and repost Entrant Content originally posted by entrant on one Social-Media Platform on Sponsor’s own account or Page on any other social-media service or website in order to administer and promote the Sweepstakes. Entrants hereby forever waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with his or her Entrant Content. Entrants acknowledge that, as a condition of being selected as a winner in this Sweepstakes, Sponsor may request that the entrant grant Sponsor additional rights in the Entrant Content as may be set forth in the Prize Winner Documents. Entrants must maintain the ability to assign additional rights in the Entrant Content to Sponsor free of any limitations, restrictions, or third-party obligations. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of its use of Entrant Content pursuant to the rights granted to it under these Official Rules and is not obligated to use any Entrant Content.
Each entrant acknowledges that Entrant Content is not being submitted in confidence or in trust to any Released Party and that no confidential or fiduciary relationship is intended or created. Entrant Content is not confidential and the Released Parties’ only obligations to entrants regarding Entrant Content are as specifically set forth in these Official Rules. The Released Parties reserve the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entrant Content in order to grant the applicable Released Party the rights required herein in a form acceptable to such Released Party. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.
- RELEASE / INDEMNITY / LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITIES, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH: (i) THE SWEEPSTAKES; (ii) THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE; OR (iii) WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY OTHER SWEEPSTAKES- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, 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.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZES AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED THAT NOTHING HEREIN WILL RESTRAIN AN ENTRANT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, PROVINCE OR TERRITORY OF THE UNITED STATES OR CANADA 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.”
9. 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.
10. ADDITIONAL DISCLAIMERS:
The 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 entry, 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, 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 or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind (including, without limitation, rejection or segregation of any Instagram message based on entrant’s decision not to follow Sponsor’s account on such Social-Media Platform or messages from Sponsor that are segregated into an “Other” or similar folder) or insufficient space in a potential winner’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, the 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 the 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 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.
11. GENERAL RULES:
By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional, and publicity purposes anywhere worldwide and in any medium now known or hereafter discovered or devised (including, without limitation, online) without any limitation of time, without further obligation or compensation of any kind, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates any Released Party to make use of any of the rights granted herein and winner waives any right to inspect or approve any use made pursuant to the rights granted.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, selection of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in or engaging with the Sweepstakes. Sponsor reserves the right to restrict or void entries or other participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. 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 ambiguity, 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 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, 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. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. 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. No Released Party is responsible or will have any liability for any purported Entry Post that is removed from any of the Social-Media Platforms for any reason at any time, including removal by a Social-Media Platform of purported Entry Posts in response to such content being “flagged” or reported as inappropriate. No Released Party is responsible for changes to any Social-Media Platform or any of the functionality of any such Social-Media Platform that may interfere with the Sweepstakes or ability of a participant to participate. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Sweepstakes and award the prize from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. 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 a 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. In the event of a dispute concerning the identity of an entrant, the entrant will be declared to be the registered account holder of the email address associated with the Social-Media Platform account through which the entry was submitted, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won will be forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Any potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address associated with Social-Media Platform account from which the potentially winning entry was submitted. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE 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.
12. WINNER’S LIST/OFFICIAL RULES:
For a copy of these Official Rules or to find out who won, send a stamped self-addressed envelope to: “National Cake Decorating Day Master Tip Set Sweepstakes – RULES” or “National Cake Decorating Day Master Tip Set Sweepstakes – WINNERS LIST” (as applicable), Attn: Digital Marketing, Wilton Industries, Inc. 535 Diehl Road, Suite 300, Naperville, IL 60563. Rules requests must be received by within one (1) month of the end of the Sweepstakes Period. Vermont residents may omit return postage with Rules requests. Requests for the winners list must be received within three (3) months of the end of the Sweepstakes Period.
13. SPONSOR: Wilton Industries, Inc 535 Diehl Road, Suite 300, Naperville, IL 60563.