RULES
1. Eligibility. CHERRYBROOK KITCHEN, INC.
(referred to herein as "SPONSOR") IS THE SPONSOR OF THIS CONTEST. THIS CONTEST
IS OPEN ONLY TO RESIDENTS OF THE UNITED STATES. If you are under the legal age
of majority in your state of residence (a "Minor"), one of your parents or legal
guardians must submit entry on your behalf, and that constitutes acceptance of
these Contest rules on behalf of you and themselves. To be eligible to win a
prize, entries must be completed and received by Sponsor in the format
designated below. Directors, officers and employees of Sponsor and any of their
respective affiliate companies, subsidiaries, agents, professional advisors,
advertising and promotional agencies, and immediate families of each are not
eligible to win any prizes. All applicable federal, state and local laws and
regulations apply. Offer void where prohibited. Limit one entry per household.
In the event of any dispute, entries will be deemed to have been submitted by
the owner of the e-mail address from which the e-mail was sent.
2. Disclaimer. Sponsor, all participating
sponsors and any of their respective parent companies, subsidiaries, affiliates,
directors, officers, professional advisors, employees and agencies will not be
responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged
transmissions or entries; (b) telephone, electronic, hardware, software,
network, Internet, or other computer- or communications-related malfunctions or
failures; (c) any Contest disruptions, injuries, losses or damages caused by
events beyond the control of Sponsor; or (d) any printing or typographical
errors in any materials associated with the Contest.
3. Contest Period. The Contest shall
commence on 12:00 AM Eastern Standard Time May 1, 2008 and shall continue in
duration until midnight Eastern Standard Time May 31, 2008 (the "Deadline"). All
entries must be received by the Deadline to be eligible to win a prize.
4. Prizes.
A. Grand Prize Winner. A. Grand Prize Winner. One (1) qualified entrant will be chosen by Sponsor to receive a 1 gift basket of new items from the Sponsor, with an approximate retail value of $40.00, and Pier 1 Imports gift card, with an approximate retail value of $350.00. The total prize package has an approximate retail value of $390.00
B. Second and Third Prize Winner. Two (2) qualified entrants will be chosen by Sponsor to receive a 4 boxes of assorted products from Sponsor, with an approximate retail value of $20.00. And Cherrybrook baking supplies with an approximate retail value of $15.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY
PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
All prizes will be awarded. Prizes returned as undeliverable or otherwise not
claimed within fifteen (15) days after delivery of notification will be
forfeited and awarded to an alternate winner. Prizes are not transferable. No
substitutions or exchanges (including for cash) of any prizes will be permitted,
except that Sponsor reserves the right to substitute a prize of equal or greater
value for any prize. Limit one prize per household or address. All prizes are
awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied,
(including, without limitation, any implied warranty of merchantability or
fitness for a particular purpose).
5. How to Enter. Submit an original photograph of a home baked and decorated
cake within the Contest Period to email address (cake@cherrybrookkitchen.com)
provided by Sponsor. Only one original photograph submission will be accepted
per household which will be designated by a unique email address.
6. Contest Rules. Sponsor shall choose the winners from all entrants who have
submitted an entry prior to the Deadline. Winners shall be chosen through an
electronic voting process. All votes will be submitted via email during the
Voting Period to email address (cake@cherrybroookkitchen.com). Qualifying votes
will be submitted for each original photograph submitted during the Contest
Period. One unique vote per household will be accepted during the Voting Period
which will be designated by a unique email address. The voting process will be
managed by sponsor and winner can be chosen by Sponsor at its sole discretion
based upon which submissions are the most original, authentic and/or funny
artistic expression of a decorated cake. The decision of Sponsor is final.
Prizewinners will be notified by e-mail within 48 hours thereafter. To claim a
prize, winners should follow the instructions contained in their notification.
7. Sponsor Use of Entries. You hereby agree that in consideration of your being
allowed the chance to enter the Contest, you hereby grant Cherrybrook Kitchen,
Inc., a perpetual, non-exclusive, worldwide license and right to utilize the
entry materials that you submit to Sponsor in connection with the Contest
(collectively, "Entry Materials"). By submitting the Entry Materials you
acknowledge that Sponsor shall have the right to use, modify, reproduce,
publish, perform, display, distribute, make derivative works of and otherwise
commercially and noncommercially exploit the Entry Materials in perpetuity, in
any manner or medium now existing or hereafter developed, without separate
compensation to you or any other person or entity.
8. Collection of Information. The Entry Materials include a survey that requires
you to enter your name, e-mail address, street address, town and state of
residence. Sponsor will not sell, rent or otherwise transfer this information to
any third party, nor will Sponsor use this information for marketing purposes
without your consent. As stated above, the contest is not open to Minors under
the age of eighteen (18). In the event that you are under the age of eighteen
(18) years and submit Entry Materials to Sponsor, Sponsor will delete, erase or
destroy any and all personally identifiable information that is obtained from
the Entry Materials.
9. General Release. By entering the Contest, you release Sponsor, participating
sponsors and any of their respective parent companies, subsidiaries, affiliates,
directors, officers, employees and agencies (collectively, the "Released
Parties") from any liability whatsoever, and waive any and all causes of action,
related to any claims, costs, injuries, losses, or damages of any kind arising
out of or in connection with the Contest or delivery, misdelivery, acceptance,
possession, use of or inability to use any prize (including, without limitation,
claims, costs, injuries, losses and damages related to personal injuries, death,
damage to or destruction of property, rights of publicity or privacy, defamation
or portrayal in a false light, whether intentional or unintentional), whether
under a theory of contract, tort (including negligence), warranty or other
theory.
10. Winners List; Rules Request. For a copy of the winners list, send a stamped,
self-addressed, business-size envelope after July 1, 2008 and before August 1,
2008 to Sponsor at the following address: "Cake Decorating Contest" -Winners
List, c/o Cherrybrook Kitchen, 20 Mall Rd, Suite 410, Burlington, MA 01803. To
obtain a copy of these rules, send a stamped, self-addressed business-size
envelope to Sponsor at the following address: "Cake Decorating Contest" – Rules,
c/o Cherrybrook Kitchen, 20 Mall Rd, Suite 410, Burlington, MA 01803.. Residents
of WA and VT may omit return postage.
11. Miscellaneous. The Contest and these Official Rules will be governed,
construed and interpreted under the laws of Massachusetts. Entrants agree to be
bound by these Official Rules and by the decisions of Sponsor, which are final
and binding in all respects. Sponsor reserves the right to change these Official
Rules at any time, in its sole discretion, and to suspend or cancel the Contest
or any entrant's participation in the Contest should viruses, bugs, unauthorized
human intervention or other causes beyond Sponsor's control affect the
administration, security or proper play of the Contest or Sponsor otherwise
becomes (as determined in its sole discretion) incapable of running the Contest
as planned. If you have any questions about these Official Rules or the Contest,
please e-mail them to
info@cherrybrookkitchen.com or send written questions to
"Cake Decorating Contest" c/o Cherrybrook Kitchen, 20 Mall Rd, Suite 410, Burlington, MA 01803.