dough Branded Tumbler Sweepstakes Terms & Conditions
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. THE PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- SWEEPSTAKES PERIOD: The DOUGH-BRANDED TUMBLER Sweepstakes (herein referred to as the “Sweepstakes”) begins at 10:00am CT on 10/16/2020 and ends at 11:59pm CT on 10/18/2020 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for the Sweepstakes.
- ELIGIBILITY: Sweepstakes only open to residents of the 50 U.S. States or D.C., who have reached the age of majority in their state of residence as of the date of Entry (“Entrant”). Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies, including employees of the foregoing (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.
- HOW TO ENTER: There is one method of Entry for this Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Only one Instagram Entry per Entrant.
Instagram Entry: Entrants must enter through Instagram. To enter, you must have or create a public Instagram account. Membership on Instagram is free, and Entrants are invited to follow @tradewithdough on Instagram.
- After Entrant has established their Instagram account, Entrant should locate the @tradewithdough Instagram page which will have Sweepstakes posts during the Sweepstakes Period. Each post will be of an image of a Dough-branded Tumbler.
- For eligible Entrants, you will receive one entry into this Sweepstakes through Instagram by liking the sweepstakes post, sharing the post on your Instagram story (tagging @tradewithdough), and tagging one (1) friends’ Instagram handles in the comments (“Instagram Entry”).
By entering via a third-party social network site, you are authorizing Sponsor to access and utilize portions of your social network site information. Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account).
Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Instagram platform, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Sweepstakes. Multiple Entrants are not permitted to share the same email address or Instagram account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct username and password will be deemed the User who submitted the entry. Sponsor will message Entrant via Instagram direct message to obtain email address for verification. Instagram is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.
Sponsor has the sole discretion to determine whether an Entry is eligible. Automated, script, macro, or robotic Entries submitted by individuals or organizations will be disqualified. Any Entry not in compliance with these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted.
Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive, violent, or derogatory of any ethnicity, race, gender, religion, profession, or age group, or is profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing),
- promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents, or contains disparaging remarks about other people or companies;
- contains any personal identification, such as personal names or e-mail addresses;
- contains copyrighted materials owned by others and used without permission;
- contains materials identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; and/or
- violates any law.
LIMITS: There is a limit of one (1) Instagram Entry per Entrant for the entire Sweepstakes Period. All entries become the property of Sponsor and will not be acknowledged or returned. If Entrant has multiple accounts, Entrant will only be entered once into Sweepstakes.
NOTE ABOUT INTERNET: Normal Internet access, data, and usage charges imposed by your Internet service provider may apply.
NOTE ABOUT MOBILE: If Entrant opts to participate in this Sweepstakes via their mobile device, standard data charges may apply for data sent or received from Entrant’s device according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on messaging rate plans and charges relating to Entrant’s participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Sweepstakes, including notifications to Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carrier's rate plan. Instagram may not be available from all mobile phone service carriers and handset models. Cell phone/internet service may not be available in all areas. Entrant should check Entrant’s phone's capabilities for specific instructions.
By accepting a prize, Winner grants to Sponsor a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, with the right to sublicense, license to use of his/her name, likeness, biographical information, including city and state of residence, for promotional purposes by Sponsor and its designees, including but not limited to the posting of winner’s name, photograph, username, and/or recordings of Winner on the Sponsor website, and in a Winners List, without additional compensation, except where prohibited by law.
- PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE DRAWING: Sponsor will conduct five (5) random prize drawings from all eligible entries received during the Sweepstakes Period. The drawing will be conducted by October 20, 2020. Odds of winning depend on number of eligible entries received.
The winner will be notified by direct message from @tradewithdough on Instagram no later than October 20, 2020, and must respond within 5 days to claim the Prize. If Sponsor is unable to reach the potential Winner within 5 days after the drawing, they will be disqualified and an alternate winner will be determined. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.
PRIZE DETAILS: Five winners will be chosen. Total of five (5) Grand Prizes. Each winner will receive one (1) Dough-branded tumbler. The approximate retail value (“ARV”) of the Prize is $30 USD. Only one prize will be awarded per Winner. YETI is not affiliated with, does not sponsor, and has not endorsed the Sponsor or this Sweepstakes. Winner is responsible for all taxes associated with the Prize.
PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, confidentiality statement and, where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within 7 days of issuance of notification. (TN residents need not sign the publicity releases). If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and official paperwork is received within the specified time period, is verified, and receives final approval by Sponsor, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.
PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Except where prohibited by law, by participating in the sweepstakes, Entrants indemnify, release and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.
ENTRANTS ALSO HEREBY RELEASE AND DISCHARGE INSTAGRAM, SPONSOR, ITS AFFILIATES, SWEEPSTAKES ENTITIES AND THEIR ASSIGNS AND LICENSEES FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS FOR DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY. NEITHER DOUGH LLC NOR THEIR AFFILIATES NOR THEIR AGENTS, ATTORNEYS, OR EMPLOYEES, AS WELL AS THEIR ADVERTISING AND SWEEPSTAKES AGENCIES, SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY OR GOODWILL. IN ALL EVENTS, THE SOLE MAXIMUM LIABILITY OF SPONSOR, SWEEPSTAKES ENTITIES, PRIZE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES SHALL BE LIMITED TO THE APPROX. RETAIL VALUE OF THE PRIZES SET FORTH HEREIN.
- CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify or cancel, or terminate this Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the email address provided in the entry form. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. In the event of time of war, national emergency, pandemic or national health crisis, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted on Sponsor’s @tradewithdough Instagram page.
Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
- DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Illinois.
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 PRIZE 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 FIFTY DOLLARS ($50.00), 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR AWARDING OF THE PRIZES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: 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 in Georgia 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 Sweepstakes shall 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 the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, unless otherwise agreed upon. 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; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Georgia. 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.
- GOVERNING LAW: By entering, Entrants agree that all issues regarding these Terms and Conditions, their validity and their enforcement, as well as the rights and obligations of the Sponsor and Entrants, shall be construed and governed by the federal law of the United States and the state law of the State of Illinois (except where prohibited by law). All suits or claims brought in connection with and/or arising out of this Sweepstakes must be brought in a state or federal court in Illinois, and you agree to submit to the jurisdiction of Illinois courts and waive the doctrines of forum non conveniens, any conflicts of laws and lack of in personal jurisdiction.
- WHO WON: For the winner’s names, available up to 60 days after drawing, please send a separate, self-addressed, stamped envelope to Winner List, DOUGH-BRANDED TUMBLER Sweepstakes c/o dough LLC, 327 N Aberdeen St., Chicago, IL 60607.
- SPONSOR: Dough LLC, 327 N Aberdeen St., Chicago, IL 60607.