Social Media Giveaway Official Rules

OFFICIAL RULES & CONSUMER DISCLOSURE
FANCY SPRINKLES GIVEAWAY SWEEPSTAKES 

NO PURCHASE NECESSARY – VOID WHERE PROHIBITED BY LAW

  1. OVERVIEW. Any giveaway (hereinafter “Giveaway”) posted on the official instagram handle of FANCY SPRINKLES (@fancysprinkles) is sponsored by FANCY SPRINKLES LLC (hereinafter “FANCY SPRINKLES”), with an address of 799 Roosevelt Road, Building 6, Suite 220, Glen Ellyn, Illinois 60137.
    Each Giveaway will be open for the time stated in the specific Giveaway posted on the Instagram Channels (the “    Giveaway Period”). Instagram is in no way affiliated with, associated with, or involved in these Giveaways. 
  2. HOW TO ENTER:
    1. You must follow and complete all of the steps as listed in the caption of the applicable Giveaway Post (“Submission”). The Submission must be completed during the Giveaway Period specified in the applicable Giveaway Post. 
    2. Before the End Date, FANCY SPRINKLES may provide additional methods for entry. If additional methods are provided, entry methods listed in the Giveaway Post at the time of submission will apply to all subsequent submissions. 
  3. GIVEAWAY PERIOD. All entries must be submitted during the Giveaway Period as stated in the Giveaway Post. FANCY SPRINKLES is not responsible for late, lost, incomplete, inaccurate, illegible, mistyped, or misdirected entries or entries not received for any reason (including technical failure), and any such entries are void. To enter, you may also be required to verify that you are a human and not a machine through use of a challenge-response test (sometimes called a CAPTCHA) or similar mechanism. No purchase will increase any entrant’s chance of winning a Prize.  Limit 10 entries per person. FANCY SPRINKLES reserves the right to cancel the Giveaway at any time for any reason.
  4. SELECTION OF WINNER(S). Following the End Date, potential winner(s) of Prize(s) will be randomly selected among all eligible entries received during the Giveaway Period. Odds of winning depends on the number of eligible entries received. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GIVEAWAY SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Decisions of FANCY SPRINKLES are final and binding in all respects. 
  5. NOTIFICATION OF WINNER(S). FANCY SPRINKLES will notify a Potential Winner via direct message to the Instagram Account used in the Submission from its official Instagram Account (@fancysprinkles). If a Potential Winner does not respond to Sponsor within the designated time, then he or she will be disqualified and Sponsor may, but is not required to, select an alternate Potential Winner. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. At the sole discretion of FANCY SPRINKLES, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: (1) a winner’s failure to respond to winner notification within two days of transmission; (2) a winner’s failure to provide FANCY SPRINKLES with satisfactory proof of age, identity, and residency within three days of initial winner notification; (3) if required, a winner’s failure to execute and return an affidavit of Eligibility/Liability/Publicity Release or requested tax information or W9 within two days of its transmission; or (5) any other non-compliance with these Official Rules. The prize will be delivered to the winner within three weeks of completion of all necessary forms and after notification, or at such time as the prize becomes available. All federal, state and local laws and regulations apply.
  6. PRIZE. The winner(s) will receive the specific prize ("Prize") detailed in the applicable Giveaway Post. The Approximate Retail Value of each Prize is described in the applicable giveaway post. Unless otherwise stated, no substitution or transfer of a Prize will be permitted, except that FANCY SPRINKLES reserves the right to substitute a Prize of equal or greater value if the advertised Prize is unavailable. Prize cannot be transferred by winner. No Prize can be redeemed for cash or can be used for a prior purchase. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of FANCY SPRINKLES’s Prize obligation to winner, and no additional compensation will be awarded. FANCY SPRINKLES has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond FANCY SPRINKLES’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from FANCY SPRINKLES, express or implied, without limitation. Winners, and not FANCY SPRINKLES, shall be responsible for any and all taxes and/or duties as well as any other expenses not specifically included in the prize description. The Prize may be subject to terms imposed by the Prize provider, including, but not limited to, prohibitions on selling the Prize, limiting the Prize’s for personal and not business use, and expiration dates. FANCY SPRINKLES may require Winners to sign an affidavit or declaration of eligibility. FANCY SPRINKLES may require Winners and/or anyone receiving a direct benefit from the Prize to sign a liability release and/or publicity license. Except where otherwise stated herein, all Prizes will be delivered free of charge to winners using the information submitted via the address request form. FANCY SPRINKLES will not ask winners for money for shipping costs as a condition for receipt of a Prize. FANCY SPRINKLES may verify the information submitted by the winners during the contest.
  7. ELIGIBILITY.  The Giveaway is open only to legal residents of the United States of America who are 18 years old or older and all United States Territories. Void where prohibited by law. The following individuals are not eligible: (a) employees, officers, and directors of FANCY SPRINKLES or the Sponsors, including all respective parent companies, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, and representatives; and (b) members of the immediate family (parents, children, siblings, or spouses) of a person in (a) and/or those living in the same household as a person in (a), regardless of familial relation. All federal, state and local laws and regulations apply. By participating in this Giveaway, all entrants represent and warrant that they are eligible to win and that they agree to be bound by these Official Rules and acknowledge understanding and acceptance of FANCY SPRINKLES’s privacy policy, as amended from time to time, which can be read here https://www.fancysprinkles.com/policies/privacy-policy

  8. PUBLICITY. Except where prohibited by law, entrants hereby grant FANCY SPRINKLES the right to use their names, likenesses, voices, social media handles/user names (including by way of being tagged in a social media post), opinions and biographical information, and residential city and state for publicity, advertising, trade or promotional purposes. Entrants also agree that all information received as part of this Giveaway may be used for the delivery of advertisements or otherwise as FANCY SPRINKLES sees fit.
  9. DISCLOSURE OF INFORMATION. By participating in the Sweepstakes, you hereby agree to FANCY SPRINKLES’s collection, use, and dissemination of your personal information.

  10. GOVERNING LAW. In the event of a dispute between you and FANCY SPRINKLES, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR FANCY SPRINKLES CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in California within one hundred miles of San Jose, California by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR FANCY SPRINKLES MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or FANCY SPRINKLES may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. FANCY SPRINKLES will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, FANCY SPRINKLES may then choose to arbitrate and you agree that in so doing, FANCY SPRINKLES will not have waived any rights. Any action brought in a court against FANCY SPRINKLES shall be brought in the State Courts of California in Santa Clara County or in the federal court in the Northern District of California and you and FANCY SPRINKLES both agree to be subject to personal jurisdiction in the State of California. Except where otherwise indicated, the laws of the United States and California govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration
  11. SEVERABILITY. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

  12. WINNERS LIST. A copy of the winners list may be obtained by sending a written request to FANCY SPRINKLES, at 799 Roosevelt Rd, Bdg 6, Ste 220, Glen Ellyn IL 60137 postmarked within 15 calendar days of the End Date or by emailing info@fancysprinkles.com within 15 calendar days of the End Date. Any such request must identify the Sweepstakes by name. FANCY SPRINKLES will respond by mail or email within thirty days of receipt of the request.