Nothing Bundt Cakes® OREO® Launch Gift Card and Branded Merchandise Giveaway Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, 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.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH, INSTAGRAM, INC. (“INSTAGRAM”). MONDELĒZ GLOBAL LLC (“MONDELĒZ”) IS NOT A SPONSOR OR ADMINISTRATOR OF THIS SWEEPSTAKES.
1. ELIGIBILITY: The Nothing Bundt Cakes OREO Launch Gift Card and Branded Merchandise Giveaway Sweepstakes (the “Sweepstakes”), brought to you and administered by Nothing Bundt Franchising, LLC (the “Sponsor”) is governed by these Official Rules. The Sweepstakes is open only to legal residents of the United States and District of Columbia, over the age of 18 (over 19 in Alabama and Nebraska, over 21 in Mississippi). Employees, officers, and directors of the Sweepstakes Entities, and their parent, subsidiaries, partners, and affiliated companies, and the advertising and promotion agencies, and manufacturers or distributors of promotion materials involved with this Sweepstakes (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.
2. SWEEPSTAKES PERIOD: This Sweepstakes begins on February 6, 2023 at 2:00 pm (CST) and ends on February 12, 2023 at 11:59 pm (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: An individual, personal Instagram account is required to participate. If you do not have an Instagram account, you may open one for free at Instagram.com. You may not use a corporate account to enter. To enter, visit https://www.instagram.com/nothingbundtcakes/ (the “Website”) during the Sweepstakes Period and follow the instructions in the February 6, 2023 post regarding this Sweepstakes posted by Sponsor at or around 2:00 p.m. CST, and @mention a friend in the comments section to receive one (1) entry into the Sweepstakes. The friend must be someone with whom the entrant has a personal relationship, and the friend must have consented to being named in the entrant’s comment (proof of which may be required).
You must keep the same Instagram handle during the Sweepstakes Period and until the prizes are awarded so that the Sponsor may notify you if you are chosen as a potential winner. Your comment must comply with the Content Restrictions set forth below. Comments will not be judged.
Limit: One (1) Entry per person on their Instagram account during the entire Sweepstakes Period. Any form of entry other than that described herein is void. Entrants who do not follow all the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, Instagram accounts, identities, registrations, logins, or any other methods may void that entrant’s Entries and that Entrant may be disqualified, at the Sponsor’s discretion. Use of any automated system to participate is prohibited and may result in disqualification, at the Sponsor’s discretion. In the event of a dispute regarding the identity of the Entrant, the Entry will be deemed to have been made by the Authorized Account Holder of the Instagram account used to submit the Entry. “Authorized Account Holder” is defined as the natural person who is assigned an Instagram account by Instagram, Inc., or other organization which is responsible for assigning Instagram accounts or the domain associated with the submitted Entry. Proof of submission of an Entry shall not be deemed proof of receipt by the Website or Sponsor. A potential winner may be required to provide identification sufficient to show that he/she is the Authorized Account Holder of the Instagram account. If you use a mobile device to enter, standard message and data rates apply in accordance with your service plan. A wireless mobile device is not required to enter the Sweepstakes.
Content Restrictions for your Comment: Your comment must be your original work, created only by you. You must have permission to include any reference to any other person in your comment. If requested, entrant must be able to provide such permission in a form acceptable to Sponsor. Your comment cannot include any content that is deemed by Sponsor, in its discretion, to: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, marijuana, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos (except Sponsor’s, which are not required) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s, which is not required) of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
By posting your comment you warrant and represent that the content included: (a) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) does not include reference to any other individuals unless entrant has consent to include these other individuals in their comment into the Sweepstakes; and (c) complies with all of the Content Restrictions listed above. You will indemnify and hold harmless the Sponsor and Mondelēz from and against any claims to the contrary. Any comment which, in the sole opinion of the Sponsor, is deemed to be inappropriate for publication or inclusion in the Sweepstakes for any reason, will be disqualified.
4. PRIZES: The following prizes are available to be awarded in the Sweepstakes: Ten (10) Nothing Bundt Cakes gift cards, each $100 in value; and ten (10) Cozy Care Packages (Approximate Retail Value (“ARV”) $112 each), each containing: one (1) Nothing Bundt Cakes Confetti Tote Bag (ARV: $15), one (1) Nothing Bundt Cakes Beanie (ARV: $8), one (1) Nothing Bundt Cakes Confetti Coffee Tumbler (ARV: $19), one (1) OREO® Cookie Scented Candle ($15 value), one (1) OREO® Camper Mug ($10 value), and one (1) Nothing Bundt Cakes + OREO® Blanket (ARV: $45). Total ARV of all prizes: $2,120. Winner must accept their prize as specified by Sponsor or prize may be forfeited. Prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute any prize (or portion thereof) with one of equal or greater value if the advertised prize (or portion thereof) becomes unavailable for any reason. Federal and/or local taxes (including any income taxes) and any other fees or costs associated with each 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: Potential winners will be selected on or about February 13, 2023, in a random drawing conducted by the Sponsor (or its designee) from among all eligible Entries received during the Sweepstakes Period. Odds of winning a prize depend on the number of eligible Entries received.
The potential winners will be contacted by the Sponsor via a private, direct message on his/her Instagram account that includes an email address on or about February 13, 2023 (the “Notification”). Potential winners will then be required to email, to the email address provided in the Notification, all information requested by Sponsor within 72 hours of the Sponsor sending the Notification. Failure to respond to the Notification as directed within such time period will result in disqualification from the Sweepstakes and forfeiture of the potential winner’s opportunity to claim a prize, and the Sponsor may select an alternative potential winner in a random drawing from the remaining Entries. Potential winners are solely responsible for checking their Instagram account for messages/tags. Upon the request of the Sponsor, the potential winner may also be required to return an affidavit of eligibility and, except where prohibited by law, a publicity and liability release (collectively, “Prize Documentation”) within a stated time period. If a potential winner does not provide Prize Documentation within the time frame directed by Sponsor, Sponsor reserves the right to disqualify such potential winner and choose an alternate winner in a random drawing from the remaining eligible entries. Potential winners may be required to provide identification sufficient to show that they are the Authorized Account Holder of the Instagram account, including but not limited to providing the original file of their Entry, if applicable, as determined in Sponsor’s sole discretion.
Potential winners are subject to verification, including verification of age and compliance with all terms and conditions of these Official Rules. If a potential winner is found not to be eligible for any reason, refuses the prize, or if prize notification or prize is returned as undeliverable, the potential winner may be disqualified, and prize may be forfeited, as determined in Sponsor's sole discretion. Sponsor is not responsible for any change of email address, Instagram handle or account, phone number, mailing address, or other contact information of Entrants. Prizes will be mailed within approximately 6-8 weeks following verification of winners’ eligibility and compliance with these Official Rules. All prizes will be awarded provided they are claimed properly in accordance with these Official Rules.
6. CONDITIONS OF PARTICIPATION / PRIVACY NOTICE: By entering this Sweepstakes, Entrants agree and covenant on behalf of themselves and their family, heirs, personal representatives executors, assigns and insurers,(a) to be bound by these Official Rules; (b) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (c) that they may be contacted in person, by phone, social media, and/or e-mail, with respect to the Sweepstakes; and (d) to release, acquit, hold harmless, waive and forever discharge Sponsor, Instagram and Mondelēz, and each of their respective parent companies, subsidiaries and affiliates, and the respective officers, directors, members, managers, employees, contractors and agents of each of the foregoing entities (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 any prize (if applicable) or participation in this Sweepstakes; and (b) except where legally prohibited, each winner grants (and agrees to confirm that grant in writing) permission to Sweepstakes Entities and those acting under its authority the right to the use of their name, Instagram handle, picture, likeness, voice, biographical information, statements and Entry, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide, including but not limited to social media and the Internet, without compensation, notice, review or approval.
By participating in this Sweepstakes, each entrant (a) unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of the Sweepstakes Entities, which shall be final; and (b)consents to the collection, use and disclosure of their personal information for the purposes outlined in these Official Rules and the Sponsor’s privacy notice.
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, including but not limited to Instagram’s platform, or by any technical or human error which may occur in the transmission, receipt or 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 are 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, the Sweepstakes, in the sole opinion of Sweepstakes Entities, 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 winners in a random drawing 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 his/her Entry) 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 (60) 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
9. GOVERNING LAW AND JURISDICTION These Official Rules and the Sweepstakes are subject to all applicable federal 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 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.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.
10. WINNER LIST: For the names of the winners, send a self-addressed, first-class stamped envelope to: Nothing Bundt Franchising LLC, Attn: Brand Marketing Team, 4560 Belt Line Road, Suite 350, Addison TX 75001. Requests must be received by March 3, 2023, and will be honored after all winners have been confirmed.
11. SPONSOR: This Sweepstakes is sponsored solely by Nothing Bundt Franchising, LLC, 4560 Belt Line Road, Suite 350, Addison TX 75001. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor only, and not to Instagram or Mondelēz.