Nothing Bundt Cakes $25,000 Birthday Party Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Nothing Bundt Cakes $25,000 Birthday Party Contest (the "Contest") begins at 7:00:01 AM Central Time (“CT”) on September 1, 2022 and ends at 11:59:59 PM CT on September 25, 2022 (“Contest Entry Period”). This promotion contains a contest of skill.The computer clock of Sponsor is the official time-keeping device in the Contest.
THESE OFFICIAL RULES REQUIRE THAT ALL DISPUTES BE RESOLVED SOLELY BY ON AN INDIVIDUAL BASIS, AND ENTRANTS AGREE TO ONLY PURSUE CLAIMS AGAINST SPONSOR AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
1. ELIGIBILITY: The Contest is open only to (i) legal residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, and Canada (excluding Quebec), who are both 18 years of age or older and the age of majority in the jurisdiction of their residence (for example, 19 in Alabama, Nebraska, British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon Territories, and 21 in Mississippi) at the time of Contest registration and (ii) who live within a 50 mile radius of a Nothing Bundt Cakes bakery based on the zip code provided by the entrant in their contest submission. For bakery locations, see www.nothingbundtcakes.com. Employees, officers and directors of Nothing Bundt Franchising, LLC (the “Sponsor”), and any of its subsidiaries and affiliates, SHIPP, MindHandle, SPM Communications, Realtime Media LLC, their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment and marketing agencies, (collectively, “Contest Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. By participating in the Contest, you release, discharge and hold harmless Contest Parties, their respective parents, affiliates, subsidiaries, retailers, advertising and Contest agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of or in connection with participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of, or travel to or from, any prize. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state, provincial, territorial, and local laws and regulations apply.
2. TIMING: The Contest will consist of three (3) phases, as detailed below:
- Contest Entry Period: Begins at 7:00:01 AM CT on September 1, 2022, and ends at 11:59:59 PM CT on September 25, 2022
- Judging Period (Selecting the Winners): Begins at or about 12:00:00 AM CT on September 26, 2022, and ends at 8:59:59 AM CT on October 25, 2022
- Winner Announcement: The Grand Prize & Runner-Up Prize Winners will be announced at or about 9:00:00 AM CT on or about October 25, 2022
3. HOW TO PARTICIPATE: To participate, go to https://www.nothingbundtcakes.com/25 (the "Website") during the Contest Entry Period to gain access to the Contest entry form, if you have not done so previously. Complete the Contest entry form with your true and correct information (required fields include: Full Name, Email Address, Zip/Postal Code and Date of Birth). Upon completion of the Contest entry form, you will then be asked to submit a photo and caption that describes your favorite birthday memory and highlights what winning a $25,000 Birthday Party (up to 2500 characters in length) would mean to you via your PC or mobile device (acceptable image formats include JPG or PNG, 10MB maximum) (the “Entry”). Collectively, the entry form, caption, and image are your Entry. Limit of one (1) Entry per person, and per email address, throughout the Contest Period.
By submitting an Entry, you hereby grant permission for your Entry to be posted on https://www.nothingbundtcakes.com/25 or other websites. You agree that Contest Parties are not responsible for any unauthorized use of Entries by third parties. Contest Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks (other than for entry into this Contest), without the express consent of Sponsor in each instance.
REQUIREMENTS OF CONTEST ENTRIES: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Appears to duplicate any other submitted contest entries;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- Contains any individual other than you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or deceased, without providing legal releases for such use in a form satisfactory to Sponsor;
- Contains look-alikes of celebrities or other public or private figures, living or deceased;
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- Violates any law.
By submitting an Entry, you represent and warrant that your Entry is original to you, that the Entry has not been previously published, has not won previous awards, and that neither it nor its content infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights. If your Entry includes likenesses of third parties or contains elements not owned by you, (such as, but not limited to, company logos) you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Entry will be disqualified. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
Entries must not contain material that is unlawful or that violates or infringes another’s rights, must not include political content, and must not include material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous, that promotes bigotry, racism, hatred or harm against any group or individual, or any discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or that disparages Sponsor or any other person or party. The Entry must fulfill all requirements of the Contest, as specified, to be eligible to win a prize. Sponsor may, in its sole discretion, disqualify any entry that it finds unlawful or in violation of these rules, or any entrant whose public social profile, comments, or posts demonstrate conduct that could damage the reputation of or reflect unfavorably upon Sponsor. Sponsor reserves the right to remove and disqualify entries that are off topic, violate the submission guidelines above, violate these Official Rules, or for which a DMCA notice or other infringement claim is received.
By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Contest that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.
4. JUDGING: Begins at or about 12:00:00 AM CT on September 26, 2022, and ends at 8:59:59 AM CT on October 25, 2022. The judging panel, selected by the Sponsor, will score each Entry up to the maximum number of points allowed. Judging will be based on the following criteria:
- Clarity of expression in story and appropriateness to theme (30%)
- Impact of photograph and its connection with story (30%)
- Originality (20%)
- Nothing Bundt Cakes brand alignment (20%)
Entries that do not contain all required entry information or are considered inappropriate for any reason are not eligible. The Entry with the highest score from the Judges will be deemed the potential Grand Prize winner. The twenty-five (25) Entries with the next highest scores will be deemed the potential Runner-Up winners. In the event of a tie, an additional “tie-breaking” judge will be brought in to evaluate the tied entries, based on the Judging Criteria above. Sponsor reserves the right not to award all prizes or to choose fewer than twenty-six (26) total if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
5. WINNER NOTIFICATION: Prizes will be awarded only upon winner redemption, confirmation, verification, and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Potential Contest winners will be notified via email to the email address provided at entry. The potential Contest Grand Prize winner will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, notarized, and returned to Administrator (defined below) within seven (7) business days of date of issuance. Potential winners become the “Winners” only after verification of eligibility by Sponsor. The Contest is skill-based, so potential Prize winners from Canada will not be required to answer a skill-testing question. Winners will be announced on or about October 25, 2022.
6. PRIZES/PRIZE RESTRICTIONS: A total of twenty-six (26) prizes will be awarded during the Contest.
CONTEST GRAND PRIZE (1): One (1) Contest Grand Prize will be awarded, consisting of one (1) professionally planned birthday party at a location of the Winner’s choosing, within (fifty) 50 miles of a Nothing Bundt Cakes bakery location, and approved by the Sponsor (the “Event” or “Party”), to include the following (subject to the limitations in paragraph 7 below:
- Nothing Bundt Cakes baked products for Winner and guests
- Professional event designer & planning services, consisting of:
- Floor plans and designs
- Assistance with venue selection
- Inspiration boards and custom color palettes
- Arranging guest travel and hotel accommodations (actual travel and hotel costs are solely the responsibility of the Grand Prize Winner and their guests)
- Transportation selection and logistical planning
- Vendor selection and management
- Custom-designed menus and scheduled tastings
- Creation and execution of all timelines, vendor confirmations, and load-in/out schedules
- Complete pre-event and on-site management
The Approximate Retail Value (“ARV”) of the Contest Grand Prize is USD$25,000.00 or CAD$32,315.50.
CONTEST RUNNER-UP PRIZES (25): Twenty-five (25) Contest Runner-Up Prizes will be awarded, each consisting of one (1) USD$100 Nothing Bundt Cakes Gift Card. Gift card prizes subject to gift card terms and conditions.
The ARV of each Contest Runner-Up Prize is USD$100.00 or CAD$129.26.
The ARV of all Contest prizes is USD$27,500.00 or CAD$35,547.05.
Chances of winning depend upon the number and quality of the entries.
7. GENERAL PRIZE LIMITATIONS: Limit of one (1) prize per person/per household/per email address. If it is discovered during prize verification you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the administrator, in which case your Entries will be void. Entries generated by script, macro or other automated means, which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. Contest Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. Runner-Up prizes will be fulfilled in approximately eight (8) weeks after the Contest has ended.
There is no substitution for the Prize or any portion of the Prize, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize or portion of prize of comparable value. Prizes are not transferable or redeemable for cash, except in the sole discretion of Sponsor. If the actual price of the Event is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. All Prize details are at Sponsor’s sole discretion. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize Winner.
The prizes are awarded “AS IS.” Sponsor does not make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or the prizes, and Sponsor expressly disclaims any implied warranties or merchantability and fitness for a particular use.
CONTEST GRAND PRIZE (EVENT) RESTRICTIONS & LIMITATIONS: The Event shall take place in 2023 on or around the Grand Prize Winner’s birth date, subject to availability of professional planner and Sponsor. Event location must be within fifty (50) miles of a Nothing Bundt Cakes bakery location. Professional planner requires a minimum lead time of three (3) – four (4) months for the Event. Party guest count subject to professional planner and Sponsor approval, and not to exceed one hundred and twenty (120) guests. Grand Prize Winner is required to submit all final Menu Selections, Guest Count and Design Confirmations to professional planner at least six (6) weeks prior to the scheduled date of the Event. At the Event, if there is a discrepancy in the number of guests attending, professional planner shall deem the larger number correct and the Grand Prize Winner will be responsible for any and all additional charges arising from the additional guest count
Winner and party guests must follow all rules and guidelines provided by the professional planner, Party vendors, and applicable Event location. Winner may also be required to sign liability release(s) with professional planner, Party vendors, and applicable Event location.
Food and Beverage Service
All cakes to be supplied by Sponsor. No other desserts shall be served at Event absent Sponsor’s prior written approval. Additional catering and beverage service must be supplied by a licensed caterer pre-approved by Sponsor.
Right to Photograph & Video
Professional planner and Sponsor reserve the right to photograph and video any event in order to obtain images of the Event. Grand Prize Winner acknowledges permission for the Sponsor to use, without prior review or approval, any and all photographs or videos of the Event, Grand Prize Winner and party guests for advertising, or any other purposes, in print, social media, television, or any other media. All Party Guests will be required to sign a liability release and, except where prohibited by law, a publicity release to allow Sponsor to take and use the photographs or videos of the Event, including for advertising and any other purpose.
Age of Guests; Minor Party Guests
Sponsor reserves the right to require event guests be aged 21 or older, in its sole discretion, for example if the Winner plans a party theme or party activity that is inappropriate for guests under 21 in Sponsor’s view. Sponsor also reserves the right to require event guests be the age of majority or older, in its sole discretion, for example if the Winner plans a party theme or party activity that is inappropriate for minor guests in Sponsor’s view.
If minor guests are permitted, any party guests who are under the age of majority in their jurisdiction of residence or the jurisdiction of the event (“minors”) who attend the Event must be accompanied by a parent or legal guardian. The parent or legal guardian of the minor will be responsible for signing a liability and publicity release for the Event on their behalf.
Travel and accommodations for Winner and guests are not included.
All aspects of the Event are subject to the approval of Sponsor in its sole discretion.
Any amount beyond $25,000 spent on the Event is the responsibility of the Grand Prize Winner, along with any additional fees associated.
9. GENERAL PRIZE CONDITIONS: Prize will only be awarded by Sponsor upon potential winners’ verification of eligibility and final approval by Sponsor. No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion.
11. RELEASE: As a condition of entering the Contest, you agree that (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form class action; and (3) in no event will you be entitled to receive attorneys’ fees. BY ENTERING THE CONTEST, YOU AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS CONTEST PARTIES AND THE RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE CONTEST OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY. YOU WAIVE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. DISCLAIMER: Contest Parties are not responsible for printing or typographical errors in these Official Rules or in any Contest-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Contest and award the prizes for the Contest from among all eligible, non-suspect entries received (i) as of the date of termination using the judging procedure outlined above if for any reason this Contest is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Contest, or the occurrence of a force majeure event, at Sponsor’s sole and absolute discretion. Contest Parties are not responsible or liable for any events which may cause errors and/or the Contest to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to yours or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Contest Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing of Entries, or in any other Contest-related materials. Contest Parties may stop you from participating in this Contest if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Section 6. These Official Rules shall govern the Contest and supersede any and all other rules that may be found on other materials related to the Contest.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
13. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of Texas. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the State of Texas. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
14. TAX INFORMATION: Payment of all federal, state, provincial, territorial, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use are the sole responsibility of the applicable winner. Sponsor shall provide Contest Grand Prize Winner an amount equal to 30% of the ARV of the Grand Prize to offset their approximate tax obligations arising from winning the Grand Prize. Sponsor shall not be liable in any way for the Contest Grand Prize Winner’s failure to remit taxes in full to all applicable taxing authorities. A 1099 tax form will be issued to the Contest Grand Prize Winner and to any winner winning over $600 in prizes during a calendar year.
15. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed stamped envelope postmarked and for receipt by November 15, 2022 to: Nothing Bundt Cakes Birthday Party Contest Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA 19428.
SPONSOR: Nothing Bundt Franchising, LLC, 4560 Belt Line Road, Suite 350, Addison, TX 75001