Nothing Bundt Cakes Survey Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. THIS CONTEST VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Nothing Bundt Cakes Survey Giveaway Sweepstakes (the “Sweepstakes”), brought to you by Nothing Bundt Cakes (the “Sponsor”), is governed by these Official Rules. The Sweepstakes is open only to legal residents of the United States and Canada, excluding the residents of Québec, over the age of 18 (19 in Alabama and Nebraska or majority in the Canadian province or territory where they reside. Employees, officers, and directors of the Contest Entities, and each of their respective parent(s), subsidiaries, partners, and affiliated companies, and the advertising and promotion agencies, and manufacturers or distributors of promotion materials involved with this Contest (and their immediate families (e.g., spouses, common-law partners, parents, children, siblings and their respective spouses) and individuals residing in the same household (whether related or not) of such employees, officers and directors are not eligible to enter or win. This Sweepstakes is in no way sponsored, endorsed or administered by/or associated with SurveyMonkey.
2. SWEEPSTAKES PERIOD: This Sweepstakes begins on October 19 , 2022 at 8am (CST) and ends on October 30, 2022 at 11:59pm (CST) (the “Sweepstakes Period”). The Sponsor’s clock is the official clock for this Sweepstakes. Entries submitted before or after the Sweepstakes Period will not be eligible.
3. HOW TO ENTER: To enter, click on the survey link provided in the email sent to you from Sponsor email@example.com during the Sweepstakes Period. Complete the entire survey and provide the requested contact information (i.e. first name, last name, and email address) to receive one (1) entry into the Sweepstakes.
4. PRIZE: 1 (one)
Total value of prize: $100
Winners must accept prize as specified by Sponsor or prize may be forfeited. Prize cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute prize with one of equal or greater value if the advertised prize, or any portion thereof, becomes unavailable for any reason. Federal, state, and/or local taxes (including any income taxes) and any other fees or costs associated with the prize are the sole responsibility of the winner regardless of whether the prize, in whole or in part, is used.
5. SWEEPSTAKES WINNER SELECTION, ODDS OF WINNING AND WINNER NOTIFICATION: One (1) potential winner will be selected by Sponsor at random from among all eligible entries received on or about November 14, 2022. Odds of winning a prize depend on the number of eligible entries received. The potential winner will be contacted via the phone number or email address provided within the survey entry on or about November 21, 2022. Potential winner will then be required to send an email back to the Sponsor at firstname.lastname@example.org within five (5) days. Potential winner is solely responsible for checking their phone, voicemail or email account for a call or email from the Sponsor.
Potential winner is subject to verification, including verification of age. If potential winner is found not to be eligible for any reason, or if prize notification or prize is returned as undeliverable, the potential winner may be disqualified, and prize may be forfeited, in Sponsor’s sole discretion. Sponsor is not responsible for any change of email address, phone number, mailing address, or other contact information of entrants. Prizes will be mailed within 6-8 weeks. Unclaimed prizes will not be awarded.
6. CONDITIONS OF PARTICIPATION: By entering this Sweepstakes, (a) entrants agree and covenant on behalf of themselves and their family, heirs, personal representatives, executors, assigns and insurers, to release, acquit, hold harmless, waive and forever discharge Sponsor, and each of their respective parent companies, subsidiaries and affiliates, and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Releasees”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes; and (b) except where legally prohibited, each winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
7. LIMITATIONS OF LIABILITY: Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for any computer or e-mail failures that may result in lost or garbled entries or which affect the administration of the Sweepstakes. Sponsor assumes no liability for incorrect, lost, late, stolen, illegible, incomplete, misdirected, damaged non-delivered requests or entries, computer system or transmission line errors, software or hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading or entering any part of this Sweepstakes. If, for any reason, Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned in the sole opinion of the Sponsor, or should fraud, a virus, bugs, or other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, and randomly determine the winner from among all eligible, non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process.
8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S 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, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT
9. GOVERNING LAW AND JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A. without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the County of Dallas.
10. WINNER LIST: For the names of the winners, send a self-addressed, first-class stamped envelope to:
Attn: Jason Pelzel
Nothing Bundt Cakes
4560 Belt Line Road, Suite 350
Addison TX 75001
Requests must be received by December 12, 2022.
11. SPONSOR: Nothing Bundt Cakes, 4560 Belt Line Road, Suite 350, Addison TX 75001