1. NO PURCHASE NECESSARY, VOID WHERE PROHIBITED. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. A purchase or payment will not increase your chances of winning. By entering the Rich Products Corporation’s Christie Cookie Company Giveaway (the “Giveaway”) entrant agrees to be bound by these official rules and regulations (the “Official Rules”). Giveaway begins at 12:01 a.m. (E.S.T) on 11/10/2023 and ends at 11:59 p.m. (E.S.T.) on 11/16/2023 (the “Giveaway Period”). The Giveaway is sponsored by the Rich Products Corporation (the “Sponsor”). The prizes are provided by Rich Products Corporation.
2. Eligibility. The Giveaway is open to legal residents of the contiguous United States who are at least eighteen (18) years old at the time of entry and have reached the age of majority in their state of residence. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. The Giveaway is not open to employees, independent contractors, officers and directors of Rich Products Corporation, and each of their respective parents, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors and the immediate family members and persons living in the same household of such persons.
3. How to Enter. To enter the Giveaway, participants must follow the Sponsor on Instagram via its account, @richproducts, and mention someone on Instagram in the comments section of the Giveaway post (type @ followed immediately by their username) via a valid Instagram account.
4. How to Win. Forty (40) winners will be randomly selected from all valid entries. For each winning entry, the valid Instagram account mentioned in the comment of the Giveaway post will be deemed the winner for the purposes of that entry. Drawings will be conducted by the Sponsor at its offices. Each winner will receive one (1) box of Christie Cookie Company’s cookies (the “Prize”). No substitution or transfer of prizes will be permitted.
5. Giveaway Period. 12:01 a.m. (E.S.T.) on 11/10/2023 through 11:59 p.m. (E.S.T.) on 11/16/2023.
6. Winner Selection Methodology. After the Giveaway Period ends, forty (40) winners will be selected at random from the total pool of eligible entries on or before 11/30/2023 11:59 (E.S.T.). Odds of winning are dependent on the total number of eligible entries received.
7. Claiming the Prize. The winners will be notified via an Instagram Direct Message on or before 11/30/2023 11:59 (E.S.T.). To claim the Prize, each winner must reply via an Instagram direct message within forty-eight (48) hours of receipt of the direct message from @richproducts. Failure to properly claim any Prize in a timely manner will result in forfeiture. All decisions by Sponsor in regards to the Giveaway are final and binding in all respects.
8. Winner Verification; Prize Receipt. Winners may be required to show verifiable proof of legitimate entry and entitlement to win and respond to notification in order to claim their Prize. If a winner does not receive their Prize within five (5) weeks after the end of the Giveaway Period, they must notify the Sponsor. Failure to notify the Sponsor of non-receipt within five (5) weeks after the end of the Giveaway Period, or to comply with any term or condition of these Official Rules will, at the sole discretion of Sponsor, result in forfeiture of the Prize.
9. Publicity. Except where prohibited by law, participation in the Giveaway constitutes consent to use of each winner’s name, likeness and address (city, state) for the Giveaway’s purposes in any media, worldwide, without further payment, consideration, or right of approval, unless prohibited by law.
10. General Terms and Conditions. The Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsors are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service. No cash option for, or substitution, assignment or transfer of, any Prize is permitted. Sponsor reserves the right to disqualify an entry and any entrant from this Giveaway and future giveaways, sweepstakes, contests, or other promotions, if the Sponsor deems the social media post or entry is (i) vulgar, (ii) harms the Sponsor’s reputation or image, (iii) morally objectionable, (iv) inappropriate, (v) unfit for publication, (vi) violates an Instagram or Meta policy, (vii) illegal, or (viii) otherwise in bad taste. If any term or provision of these Official Rules is invalid, illegal, or unenforceable in any jurisdiction, such invalidity illegality, or unenforceability shall not affect any other term or provision of these Official Rules or invalidate or render unenforceable such term or provision in any other jurisdiction. If any term of these Official Rules is held to be excessively broad or invalid, illegal, or unenforceable in any jurisdiction, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by applicable law in conformance with its original intent.
11. General Release. By entering the Giveaway, each entrant releases Rich Products Corporation, Instagram LLC (“Instagram”), and Meta Platforms, Inc. (“Meta”) and each of their respective parents, subsidiaries, affiliates, directors, officers, employees, representatives, partners and agents (the “Released Parties”), from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Giveaway or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light). By entering the Giveaway each entrant acknowledges that the Giveaway is in no way sponsored, endorsed, administered by or associated with Instagram or Meta, and are subject to all applicable Instagram and Meta policies.
12. Indemnity. Each entrant and winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys' fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) the use of any materials by the Released Parties, including, without limitation, any claim for infringement of intellectual property or any claim that such use invaded privacy or publicity; (c) a breach or allegation, which if true would constitute a breach of any of the representations, warranties or obligations herein; and (d) acceptance, possession, grant, use, or misuse of any prize, including without limitation, personal injury, death and property damage arising therefrom.
13. Disputes. Each entrant and winner agrees and acknowledges that the Sponsor’s decision of the winners is final and at the Sponsor’s sole discretion. In the event of a dispute as to any entry, the authorized account holder for the Instagram account used to conduct the entry will be deemed to be the entrant.
14. Limitations of Liability, Jurisdiction and Venue. As a condition of participating in the Giveaway, each entrant and winner agrees that: a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of New York or the appropriate New York State Court located in Erie County, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (c) under no circumstances will an entrant or a winner be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL PARTICIPANTS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, winners and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the entrant's sole remedy is another entry in the same or a comparable giveaway. Sponsor's failure to enforce any provision on these Official Rules shall not constitute a waiver of that provision.
15. Privacy Policy. Information submitted with an Entry is subject to the Sponsor's privacy policy ("Privacy Policy"). To read the Privacy Policy and for details regarding use of the personal information collected, please click the following link https://www.richs.com/wp-content/uploads/2019/09/safe-privacy.pdf. In the event of any conflict between these Official Rules and the Privacy Policy, these Official Rules shall control. By participating, you grant Sponsor permission to share your email address and any other personally identifiable information with any directors, officers, employees, representatives, partners and agents of the Sponsor for the sole purpose of Giveaway administration.
16. Sponsor. Rich Products Corporation, 1 Robert Rich Way, Buffalo, NY 14213.
