Have Your Kookie And Eat It Too – Terms and Conditions ("Official Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
The "Have Your Kookie And Eat It Too " (the "Sweepstakes") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104 (the "Promoter"). Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the "Ts&Cs"). The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
TERMS AND CONDITIONS:
1. This Sweepstakes is open to legal residents physically residing in the fifty (50) United States, aged 18 or over, or who meet the relevant jurisdiction's minimum age requirement, excluding employees of Promoter and their immediate families, household members, agents or anyone else professionally connected with this Sweepstakes. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize.
2. Sweepstakes Period: Enter the start and end time periods outlined below. The Promoter's computer is the official time-keeping device for the Sweepstakes.
Event Timeline Pacific Standard Time (PST)
Start of Campaign: Monday, March 30, 2015, 08:00 AM
End of Campaign: Friday, May 1, 2015, 11:59 PM or until POPSUGAR has Sold Out of the POPSUGAR Must Have May 2015 box, whichever comes first.
3. Entry: Current Must Have subscription holders who meet the eligibility criteria herein are automatically entered in the Sweepstakes without further action. Any new Must Have subscribers who meet the eligibility criteria herein and who purchase a new Must Have subscription by Saturday, May 30, 2015 (the "Entry Period") will be eligible for participation in the Sweepstakes. To purchase a Must Have subscription, please navigate to the Must Have subscription page located at: http://www.popsugar.com/musthave and purchase a new subscription.
You do not have to purchase a Must Have subscription in order to be eligible to participate in the Sweepstakes. If you meet the eligibility criteria herein, you may also enter by mailing your name and address to Have Your Kookie And Eat It Too to POPSUGAR Inc., 111 Sutter Street, 14th floor, San Francisco, California, 94104. To be considered eligible in the Sweepstakes, entries must be postmarked no later than Friday, May 1, 2015 and received no later than Wednesday, May 6, 2015.
4. By entering this Sweepstakes you agree to be bound by these Ts&Cs.
5. By submitting an entry in the Sweepstakes, entrant confirms and warrants that entrant owns all copyright and rights in the nature of copyright ("Rights") in the entry and acknowledges and agrees that Promoter will own all such Rights. Each entrant therefore hereby irrevocably grants, transfers, sells, assigns, and conveys to Promoter and its successors and assigns, all Rights of whatsoever kind in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Promoter shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Promoter deems necessary or desirable and entrant hereby waives all moral rights in the entry and any similar rights elsewhere in the world. Each entrant hereby acknowledges he/she does not reserve any rights in his/her entry.
6. Maximum of one (1) entry into the Sweepstakes per person, per household, and per email address.
7. No purchase is necessary to participate in this Sweepstakes. Odds of winning will depend on how many entries are received.
8. Prize(s): Winner will win a tin of Karlie's Coco Kookies from Momofuku Milk Bar for a total retail value of $22 USD (the "Prize"). Prizes will be delivered to confirmed winner(s) to a valid U.S. address.
9. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of the winner(s); provided, however that Promoter reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Promoter be obligated to award more prizes than the number of Prize(s) stated in these Ts&Cs.
10. Winner Selection: Ten (10) winner(s) will be selected at random by computer-generated randomizer from all valid entries received during the Sweepstakes Period. Promoter reserves the right to deliver Prize(s) directly to the email and/or mailing address provided by an entrant in his or her entry to the Sweepstakes.
11. Winner notification: Each winner will receive an insert in their May 2015 Must Have Box. Each winner shall follow the instructions on the insert of how to email a photo of the prize to POPSUGAR in order to claim their prize. Any Prizes awarded to eligible entrants who participated via AMOE will be mailed to the mailing address provided by the entrant. Please allow 4-6 weeks for prize delivery to any AMOE winners. Notwithstanding the foregoing, Sponsor reserves the right to determine an alternate method of notification and/or prize delivery. Sponsor reserves the right to ship prizes directly to the mailing address associated with the Must Have subscription account. For AMOE entries, Sponsor reserves the right to ship prizes directly to the mailing address provided by the entrant. All entrants agree to abide by these Official Rules.
12. Each winner will be required to do the following as qualifying criteria of the Sweepstakes that must be met in order to receive the Prize: (a) respond to Promoter within five (5) business days of initial contact to confirm eligibility; and (b) sign an affidavit or declaration of eligibility and liability and publicity release form and return it to Promoter within five (5) business days of receipt. If a winner fails to respond to Promoter's notification, fails to complete the forms as indicated herein, or fails to meet the qualifying criteria listed above, such winner may be disqualified and an alternative winner may be selected. Other restrictions may apply, and an entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Ts&Cs, as determined in Promoter's sole discretion.
13. Winner(s) shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Promoter, the winner(s) must complete and return to Promoter an IRS Form W-9 that reflects each winner's Taxpayer Identification Number or Social Security Number. The winner(s) may receive from Promoter an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
14. Unless prohibited by applicable law, the acceptance of the Prize by winner(s) constitutes each winner's permission for Promoter to use winner's name, address, biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
15. Winner publication: The names and locations of confirmed winner(s) will be available for one (1) year after the end of the Entry Period by sending a request to the Promoter address at the end of these terms.
16. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
18. Neither Facebook, nor Twitter ("Social Media Company") endorse, administer, or are associated with, this Sweepstakes. Entrants hereby release each Social Media Company from all responsibility and liability in respect of the Sweepstakes.
19. Incomplete, illegal, misdirected or late entries, or entries not in accordance with these Ts&Cs, will not be accepted. Proof of sending will not be accepted as proof of delivery. Releasees (defined below) take no responsibility for entries delayed, incomplete, illegible, unintelligible, misdirected, damaged or lost due to technical reasons or otherwise.
20. Promoter reserves the right, in its sole discretion, to disqualify any individual or void any entry or Prize award to any entrant who corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes or is otherwise in violation of any law or of these Ts&Cs. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means in order to increase entries into the Sweepstakes in a manner that is not consistent with the spirit of the Sweepstakes.
21. If, for the reasons set forth in Section 18, or other reasons outside the reasonable control of the Promoter, the Sweepstakes cannot be run or administered as planned, Promoter reserves the right to cancel, modify or suspend the Sweepstakes (subject to any written directions given under applicable law), and Promoter shall post a notice on the Sweepstakes entry page to such effect. Promoter further reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes for any reason that Promoter believes in good faith is fair to the entrants.
22. Decisions of Promoter are final and binding with respect to all matters related to the Sweepstakes. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Ts&Cs, the Promoter will not be liable for any failure to perform or delay in performing its obligation.
23. Participation in the Sweepstakes is at entrant's own risk. By receipt of any Prize, the applicable winner(s) agrees to indemnify, release, reimburse, and hold harmless each Social Media Company, and its respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives (collectively, "Releasees") from any liability resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize or participation in this Sweepstakes or any Sweepstakes-related activities to the extent permitted by law.
24. Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any Prize, including any warranty of fitness or merchantability, or representation with respect to the function or operation of the Prize.
25. Releasees shall not be liable for any electronic miscommunications or failures, nor technical hardware or software failures of any kind with respect to the Prize or the Sweepstakes.
26. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
27. Entrant(s) and winner(s) have been given a full opportunity to review and analyze these Ts&Cs and fully and completely understand all of the terms of these Ts&Cs. Entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
28. This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.
Promoter: POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104.