OFFICIAL RULES THE GOODIES FACTORY CONTEST NO PURCHASE BY PARTICIPANT IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. OVERVIEW: The Goodies Factory, Inc. (“The Goodies Factory”) hosts multiple contests (each a “Contest”). Each Contest is separate. Entry into one Contest is not entry for any other Contest. Details on the exact dates for any Contest, along with the prize(s) available in that Contest, and any other details will be listed on the Contest entry Page (the “Contest Page”). These Official Rules, along with any other additional rules on the Contest Page, apply to each separate Contest; provided that if the Contest Page for any particular Contest references additional rules for that Contest, then those rules, together with these Official Rules, will apply. Your participation in the Contest means that you unconditionally agree to these Official Rules and all decisions by Sponsor, which are final and binding in all matters related to the Contest. To win the prize(s), you must comply with all facets of the Official Rules and all decisions by Sponsor. This is a skill-based Contest. The objective of the Contest is to exercise your fundraising skills to raise funds for your team, group, or organization. Prizes will be awarded to the top fundraisers as indicated in these Official Rules along with any other additional rules on the Contest Page.
2. CONTEST JOIN PERIOD EXPLAINED. The Contest join period will run for a designated period of time, with defined start and end dates provided in the description of the Contest on the specific Contest Page (the “Contest Join Period”). Once the Contest Join Period reaches its end date (as noted on the Contest Page), the Contest Join Period will be over and no more entries will be accepted into that Contest.
3. CONTEST SALES PERIOD: The Contest sales period is the time period when sales made on Participant’s Fundraising Store will be tracked for the purpose of participation in a Contest and such Contest sales period will run for the time period indicated on the Contest Page (“Contest Sales Period”). Sponsor’s server and computer clock is the official time-keeping device and its decisions are final and binding. Sponsor makes no representations or warranties that any leader board will be updated on a real-time basis, will always be accurate or will represent the official standings, results or leaders of the Contest at any time before, during or after the Contest Sales Period. The leader board is an unofficial tally of the sales in a campaign and may not accurately reflect the sales made based on a variety of factors. Results of the Contest are not official until Sponsor expressly announces the final results and verifies the winners.
4. ELIGIBILITY: The Contest is open only to individual legal residents of the 50 United States, including the District of Columbia, age 13 or older at the time of entry who agree to these Official Rules and any other additional rules on the Contest Page. Participants who are at least 13 years of age, but have not yet reached the age of majority in their jurisdiction must, at all times, have written, verifiable consent of parent or guardian to enter, to agree to these Official Rules along with any other additional rules on the Contest Page; parent or guardian must agree to these Official Rules along with any other additional rules on the Contest Page and assume all responsibility and if potential winner is at least 13 years of age, but has not yet reached the age of majority in their jurisdiction, parent or guardian must comply with the same requirements for verification and the prize may be sent to them. An Participant includes anyone who participates in the Contest, including individuals, teams, group, by establishing a Fundraising account and sets up a Fundraising store (the “Fundraising Store”) on The Goodies Factory Website (the “Website”), selects to join the Contest during the designated Contest Join Period designated on the Contest Page, and participates in fundraising activities through their Fundraising Store on the Website during the designated Contest Sales Period for which they have indicated participation in the Contest. Employees of Sponsor, respective parents, affiliate companies, subsidiaries, agents, judges, advertising and promotion agencies and anyone involved in the development or execution of the Contest, as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members of each such employee, whether or not related, are not eligible. All federal, state and local laws, rules and regulations apply. Void where prohibited by law.
The Goodies Factory Terms and Conditions (www.PoppinPopcornOnline.com/Terms&Conditions) apply. In the event of a conflict between these Official Rules and any other additional rules on the Contest Page or The Goodies Factory Terms and Conditions, these Official Rules govern and control only to the extent of such conflict.
6. PRIZE: The prize(s) and value(s) available for any Contest will be listed on the Contest Page for that Contest. The approximate retail value (“ARV”) stated on the Contest Page is accurate as of the date it is posted. Sponsor is not liable for fluctuations in the stated ARV of any prize.
7. Sponsor is not responsible for lost or stolen prizes once awarded. Winner must adhere to the terms and conditions, if any, associated with receipt of such prize. The prize is not transferrable or redeemable for cash. Limits: one prize per Participant per Contest. The winner will be solely responsible for complying with any and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations and for bearing any personal income tax, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize. The winner is hereby informed of the liability to pay all taxes on the prize received; and the winner shall pay such taxes. Each winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant tax authorities on his or her own. Winners of prizes valued at $600 or more will be issued an IRS Form 1099 for the value of the prize. If for any reason Sponsor is unable to obtain the designated prize, Sponsor reserves the right to substitute a prize of equal or greater value or provide the winner with cash or a gift card for the value of the prize stated in these Official Rules or in the additional rules on the Contest Page. If the winner is a minor, the winner’s parent or guardian will be required to claim the prize and complete all required prize winner eligibility documents. If the winner is an organization, Sponsor will distribute the prize to the owner or designated agent of the organization.
8. SELECTION OF WINNERS: Within 24 hours of the end of the Contest Sales Period, Sponsor or its representative will determine the Potential Winner(s) based on the criteria set forth on the Contest Page. If the winner is a team, the prize will be given to the organizer of the team (or, account holder on The Goodies Factory who registered the team fundraising page). All sales made through a Fundraising Store are subject to verification by Sponsor and potential Winners are not declared final and shall not receive a prize until verified by Sponsor. Cancelled, disputed, or otherwise unprocessed orders shall not be counted. Sponsor’s decisions are final and binding on all matters relating to the Contest. The odds of winning depend on the number of eligible entries. An individual may not enter on behalf of another individual or transfer his/her entry to another person. An individual may be required to show proof of ownership of his/her accounts used to enter the Contest. If there is a tie between Participants, the tie will be broken according to the following: (1) Participant who has the most total sales transactions; (2) Participant who received the most sales from unique purchasers, as determined by Sponsor. A unique purchaser is defined as any person that has billing information (first name, last name, and address) distinct from any other purchaser who makes a purchase on the eligible Fundraising account.
9. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: Potential winner(s) will be notified by email within three (3) business days after verification by Sponsor or its representative. Potential winner(s) are required to provide Sponsor his/her name, residential address, telephone number, email address and valid photo ID (U.S. license, passport or similar proof of identity that is acceptable to Sponsor in its sole discretion). A Participant is not a winner of any prize unless and until the Participant’s eligibility has been verified and the Participant has received notice from Sponsor that he/she has won the prize, even if the leader board or any other information on the Contest Page or Sponsor’s Website indicates that a Participant has won. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. Any participation in the Contest that occurs after Sponsor’s computer or other systems have failed will be deemed defective and will not be honored. Potential winner(s) are required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release and a Form W9 concerning the prize. Additional verification information, to the extent allowed by law, may also be required before a prize can be awarded. If potential winner cannot be contacted within three (3) days, fails to return any and all requested documentation within ten (10) days, or is declared ineligible by Sponsor, in its sole and absolute discretion, he/she forfeits the prize in its entirety. Potential winners agree that Sponsor may shorten these timelines for any reason. If potential winner forfeits a prize, Sponsor may, but is not required to, select one new potential winner.
11. GENERAL CONDITIONS: All Contests are void outside the United States and where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right to disqualify any Participant if, in its sol e and absolute discretion, such Participant is not in alignment with Sponsor’s values, has acted fraudulently in any way, prior, during or after the Contest, or if awarding a prize to the Winner could result in public disrepute, contempt, scandal or ridicule or could reflect unfavorably on Sponsor. Sponsor will not award a prize to any Winner who has engaged in any abusive behavior. Fraudulent, abusive, or any behaviors in the realm of fraudulent or abusive are determined by the Sponsor in its sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to prohibit any person or organization from becoming or remaining a participant for any reason, including without limitation:
(i) any attempt by a participant to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair practices;
(ii) any Participant violating these Official Rules or any other additional rules on the Contest Page; or
(iii) any Participant acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or organization. Without limiting the foregoing, the use of automated software or computer programs to register or to enter the Contest is prohibited and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Contest should any virus, bug, technical failures, unauthorized human intervention, fraud, or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner based on eligible, non-suspect results received as of the date of the event giving rise to the termination, but SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF CHEATING, IMPROPER OR MISTAKEN PRIZE NOTIFI CATION, OPERATION, OR FUNCTION OF THE CONTEST. CAUTION. ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. All Participants acknowledge and agree that Internet access is required to participate in the Contest. Participant is responsible for any costs or fees related to obtaining Internet access, including but not limited to phone and usage charges imposed by their online, phone or similar providers.
12. GENERAL RELEASE AND LIMITATION OF LIABILITY : Participant expressly agrees to release and hold harmless Sponsor and its subsidiaries, affiliates, sup pliers, distributors, advertising/promotion agencies and prize suppliers and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all liability for any claim cause of action, loss, harm, damages, costs or expenses, including, without limitation, property damages, personal injury or death arising out of participation in the Contest or receipt, acceptance, possession, use, or misuse of any prize awarded as part of the Contest, and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Participants acknowledge and agree that the Released Parties are not responsible or liable in any way for:
(i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable purchases or other communications;
(ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation any damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Contest;
(iii) any condition caused by events beyond the control of the Sponsor that may cause the Contest or any results in the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connect ion with or resulting from participation in the Contest;
(vi) acceptance, possession, or use of any prize ;
(vii) claims based on publicity rights, defamation, or invasion of privacy relating to participation in the Contest;
(viii) for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s email account to receive email messages or insufficient space on Participant’s computer; and
(ix) any alleged violation by Participants of any law, regulation, or right held by a third party. Released Parties reserve the right to correct clerical or typographical errors in promotional materials. Participants acknowledge that Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including, but not limited to, its quality, mechanical condition, or fitness for a particular purpose. By accepting the prize, winner agrees to release Released Parties and their directors, employees, officers and agents, including without limitation, its advertising and promotion agencies and other supporting providers, from any and all liability, loss or damages arising from or in connection with the awarding, receipt and/or use or misuse of prize or participation in any prize-related activity.
13. GOVERNING LAW AND DISPUTES : Except where prohibited, Participants agree that:
(1) any and all disputes, claims and causes of action arising out of or connected with a Contest or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Western District of Michigan or the appropriate Michigan State Court located in Grand Rapids, Michigan;
(2) any and all claims, judgments and awards shall be limited to actual out- of-pocket costs incurred, including costs associated with entering the Contest, and in no event will Participant be entitled to receive attorneys’ fees or other legal costs; and
(3) under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses related to the entry or participation in the Contest, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules along with any other additional rules on the Contest Page, or the rights and obligations of the Participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. SEVERABILITY: In the event any provision of these Official Rules or any other additional rules on the Contest Page are held to be unenforceable, these Official Rules along with any other additional rules on the Contest Page will continue in full force and effect without such provision. If any provision contained in these Official Rules or any other additional rules on the Contest Page shall for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. These Official Rules along with any other additional rules on the Contest Page are intended to be the complete, final, and exclusive statement of the terms of the agreement between each Participant and the Sponsor relating to the subject matter.
15. NON-DISPARAGEMENT: Participant agrees they will not disparage and/or otherwise negatively comment on the Released Parties’ reputation, business operations, products, services, the Contest and/or Participant’s interaction with the Released Parties under these Official Rules along with any other additional rules on the Contest Page. This provision will not preclude Participant from making truthful statements.
16. WINNERS LIST: The list of winners will be posted on the Website after all winners have been verified.
17. SPONSOR AND ADMINISTRATOR: The Sponsor is The Goodies Factory, Inc. 1038 Washington Avenue Holland, MI 49423.