NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED.
This Giveaway is in no way sponsored, endorsed or administered by or associated with Instagram, Twitter or Facebook. You understand that you are providing your information to Specialty’s Café & Bakery and not to Instagram, Twitter or Facebook.
1) Description: Specialty’s Café & Bakery (the “Sponsor”) is offering the “#CelebrateTheCookie Photo Contest” (the “Giveaway”) and will determine winners and award prizes based on a random selection. The Giveaway begins October 1, 2016 at 8:00:01 AM Pacific Time (“PT”) and ends October 31, 2016 at 08:00:00 AM PT, (“Overall Giveaway Period”).
2) Eligibility: The Giveaway is open to legal residents of the United States. Entrants must be eighteen (18) years of age or older at time of Giveaway registration with access to an iOS or Android device, as well as to the Internet. Employees, officers and directors of Sponsor, its advertising, promotional, fulfillment and marketing agencies (collectively the “Giveaway Entities”), their immediate families (parent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not), are not eligible to participate in the Giveaway. Void in Puerto Rico, all other U.S. territories and where prohibited or otherwise restricted by law, rule or regulation. All federal, state and local laws and regulations apply.
3) How to Enter during the Photo Submission Period: To enter the Giveaway, use your personal Facebook account to upload a photo or video with the theme and hashtag #CelebrateTheCookie and tag @Specialtys in your post; use your personal Instagram account to upload a photo or video with the theme and hashtag #CelebrateTheCookie and tag @SpecialtysCafe in your post; use your personal Twitter account to upload a photo or video with theme and hashtag #CelebrateTheCookie and tag @Specialtys in your tweet; email email@example.com with subject line “#CelebrateTheCookie Photo Contest,” your full name, image or video, and caption for image or video that includes #CelebrateTheCookie. If you do not have a Facebook, Twitter or Instagram account, you may create a free account online or by downloading the app in the Apple App Store or Google Play.
By uploading your photo or video onto Instagram, Twitter, Facebook, or online, or emailing to firstname.lastname@example.org with the giveaway hashtag, you are automatically submitting your photo into the giveaway and agree that you are giving Sponsor the right to post your Photo Submission on its website and/or public websites and platforms where it maintains accounts. Additionally, by entering the Giveaway, you agree you are assigning and hereby assign full and complete ownership of all intellectual property rights in and to your Photo Submission and all usage rights therein to the Sponsor for use in and in relation to any of its products and the advertising, marketing, promotion and exploitation thereof in exchange for no compensation of any kind.
4) Photo & Video Guidelines: Your Photo or Video Submission should comply with the following:
• Your Photo and Video Submission must (a) be totally original, cannot be previously published or appear anywhere else and CANNOT contain any third party copyrighted material (including but not limited to logos, artwork or locations) or otherwise infringe on the intellectual, property or other rights of a third party; (b) must be suitable for general audiences (i.e., may not be obscene or indecent, including but not limited to nudity, pornography, violent or profane depictions) and (c) must not depict or in any way violate any law or regulation.
• Your Photo and Video Submission must not depict the Sponsor negatively.
All Photo and Video Submissions are subject to the Sponsor’s review prior to being posted on public viewing. In Sponsor’s sole opinion, Photo and Video Submissions, which do not meet any of these requirements and/or which Sponsor deems negative, offensive or controversial in any way will be disqualified and removed from public view. Without in any way limiting, expanding or amending the Terms of Service at http://www.specialtys.com/PrivacyPolicy.aspx which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Photo Submission infringes upon the rights of another person and/or receives a legally valid request to remove or invalidate the affected Photo and Video Submission because of such infringement, such Photo and Video Submission may be removed and disqualified from the Giveaway, as Sponsor may determine in its sole discretion. No entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Photo and Video Submission has been or can be sufficiently cleared for legal purposes and such entrant has complied with the terms of these Official Rules.
5) Determining Winners: The Sponsor will randomly select one (1) winner. Contest begins at 8:00:00 AM Thursday, October 1, 2016 PST and ends 8:00:01 AM Saturday, October 31, 2016 PST. Winners will be contacted on their Facebook, Instagram account, Twitter account, or via email, dependent upon method of entry, and asked to email email@example.com (“Notification”) to confirm prize acceptance. Acceptance must be made within ten (10) days of Sponsor’s first Notification. In Sponsor’s sole determination if an inadequate number of Photo and Video Submissions or Submissions of inadequate quality are received, it reserves the right NOT to determine any Photo and Video Submissions as winners. Once your photo or video has been selected and you are confirmed as a winner, you are no longer eligible for future entry periods for the duration of the Giveaway.
6) Prizes: There will be one (1) prize awarded for the duration of the Giveaway. One (1) winner will receive three-hundred and sixty-five (365) Specialty’s Cookie Grams. Approximate total ARV of all prizes: $1,054.85.
All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Giveaway and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. If, during either the entry period, for reasons beyond the Sponsor’s control (including, but not limited to, tampering or computer virus infection), the Giveaway is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel or modify the Giveaway, without liability and to the extent feasible, will determine winners and award prizes among entries received prior to cancellation or modification. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries, which are incomplete, inaccurate, irregular, or otherwise not in compliance with these Official Rules, are void.
7) Right to Use Your Work and Information About You: By submitting an Entry, you: (a) represent and warrant that your Submission is your wholly original work, not previously published, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Submission does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) represent and warrant that your received the permission of any individual(s) appearing in your Submission and such individual(s) agree with all terms and conditions as set forth is these Official Rules; (c) automatically grant to Specialty’s Café & Bakery an exclusive, world-wide, royalty free, irrevocable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Photo Submission; (d) agree that upon selection as a winner of any prize, you agree that your Photo or Video Submission shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of Specialty’s Café & Bakery; (e) agree that upon selection as a winner of any prize, in the event your Entry is considered not to be a "work made for hire," you irrevocably assign to Specialty’s Café & Bakery. All right, title, and interest in and to your Entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade; and (f) agree that by submitting an entry, you grant to Specialty’s Café & Bakery the right to distribute your Entry on any of its websites or in any of its advertising and/or products without any compensation. The rights granted under this paragraph shall extend to Specialty’s Café & Bakery and its affiliated companies with respect to all entries and all other submitted materials related to the Giveaway, including those submitted by non-winners and winners.
By submitting an Entry, you grant to Specialty’s Café & Bakery and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, the Entry in your entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Specialty’s Café & Bakery, its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Specialty’s Café & Bakery its affiliated companies with respect to all entrants in the Giveaway, including non-winners and winners. Specialty’s Café & Bakery, however, does not have any obligation to use the winning or non-winning Entries for any purpose.
8) Release of Liability and Issues of Law: By participating all entrants release Specialty’s Café & Bakery, their affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Giveaway from any and all liability with respect to and in any way arising from participating in this Giveaway, acceptance or use of prizes. Entrants also agree that Specialty’s Café & Bakery, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Giveaway are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Giveaway, the Entries and/or its prizes. Specialty’s Café & Bakery, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Giveaway are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Giveaway or downloading of information in connection with the Giveaway. The Sponsor reserves the right to modify or cancel the Giveaway in the event that any portion of any website used to administer any aspect of the Giveaway becomes technically corrupted.
All Federal, state and local laws and regulations are applicable. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE GIVEAWAY AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE GIVEAWAY. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. The Giveaway is void where restricted or prohibited by law.
9) Communication: If you have any questions or comments regarding this Giveaway send an email to firstname.lastname@example.org with a subject line of “#CelebrateTheCookie Photo Contest.”
Specialty’s Café & Bakery
5050 Hopyard Rd., Suite 250
Pleasanton, CA 94588
This Giveaway is in no way sponsored, endorsed or administered by or associated with FACEBOOK, INSTAGRAM, or TWITTER.