AN AFFIDAVIT OF ELIGIBILITY/ PRIZE ACCEPTANCE DOCUMENTS MAY BE REQUIRED. All disputes will be resolved solely by binding arbitration. You may opt-out of arbitration by sending an email to firstname.lastname@example.org within 30 days of your initial participation in this Giveaway.
The Prize is ninety-six (96) pints of Nightfood ice cream, referred to as a “one-year supply”, along with a new storage freezer in which to store the ice cream. The Bonus Prize is ninety-six (96) pints of Nightfood ice cream, along with a new storage freezer, plus the Winner's choice of EITHER: an additional 270 pints, or $1,500. The Prize or Bonus Prize will be shipped to the recipient’s address at Nightfood’s expense.
This Nightfood Giveaway (the “Giveaway”) is open to legal residents of any of the forty-eight (48) contiguous United States and the District of Columbia who are at least the age of majority in their state of resident (which is eighteen (18) years of age in most states, but 19 in Nebraska and Alabama and 21 in Mississippi). Employees of Nightfood and other companies associated with the promotion of the Giveaway, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaway is subject to federal, state, and local laws and regulations.
2. AGREEMENT TO RULES.
Participation in the Giveaway constitutes your agreement to and acceptance of these Rules and the decisions of Nightfood, which are final and binding. Winning a Prize is contingent upon being and staying compliant with these Rules.
3. GIVEAWAY PERIOD
The Giveaway began on July 1, 2019 at 12:00am PST and ends on December 31, 2019 at 11:59pm PST (the “Giveaway Period”). At its discretion, Nightfood may choose to initiate a new Giveaway when the current Giveaway Period has completed.
4. HOW TO ENTER
Submit your E-mail address or use the "Enter With Facebook" option on any Nightfood property that is promoting entry in the Giveaway. Alternatively, you may enter by mail. To enter by mail, hand print (must be legible) your name, mailing address, and phone number to Nightfood, Inc., 520 White Plains Road, Suite 500, Tarrytown, NY 10591. There is a maximum of one entry per person regardless of method of entry. To qualify for the Bonus Prize, Entrants can use the Promo Code provided to place a qualifying order prior to the end of the Giveaway Period, or purchase from a local supermarket and retain a digital or physical copy of their receipt. Mail-in entries will automatically qualify for the Bonus Prize without placing an order. From time to time, Nightfood may allow Entrants to qualify for the Bonus Prize through other means.
5. PROMO CODES AND COUPONS
Each Entrant will receive a Promo Code or a Coupon for Nightfood Ice Cream. Promo Codes and Coupons will only be valid at participating retailers, and all require a purchase be made to get the benefit. The Entrant will be notified as Nightfood is introduced into additional retail and delivery locations. Nightfood anticipates national distribution of its Ice Cream to be established during 2019 and 2020, although no guarantees can be made that this will occur.
6. WINNER NOTIFICATION
This section is only applicable to referring parties that qualify for a Prize. Nightfood will attempt to notify the potential winner(s) via email on or about January 1, 2020. If you are eligible for a Prize, you will be notified by email. You will be required to respond to us within five (5) days of the date of notice or attempted notice is sent, in order to claim your Prize. If you cannot be contacted, or you fail to respond appropriately within the required time period, or the Prize is returned as undeliverable, you forfeit your Prize. If you are at least eighteen (18) but are still considered a minor in your jurisdiction of residence, Nightfood reserves the right to place the Prize in the name of your parent or legal guardian, who will be required to sign the Declaration of Claim on your behalf and fulfill any other requirements imposed on you set forth herein. Receiving a Prize of any type is contingent upon fulfilling all requirements and compliance with these Rules. In the event that a Prize recipient is disqualified for any reason, Nightfood is not obliged to provide an alternate Prize, or extend the Giveaway Period in any way.
7. GENERAL CONDITIONS
In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, technical problems, security malfunctions or in the event the Giveaway is unable to run as planned for any other reason, as determined by Nightfood in its sole discretion, Nightfood may, in its sole discretion, either: (1) suspend the Giveaway to address the impairment and then resume in a manner that best conforms to the spirit of these Rules; or (2) terminate the Giveaway and, in the event of termination, no participant shall be eligible for a Prize of any type.
Nightfood reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Giveaway or to be acting in violation of these Rules or in a disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Nightfood reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Nightfood to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Participating individuals have been advised of the existence of Section 1542 of the California Civil Code which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding Section 1542 of the California Civil Code, entry and participation in the Giveaway shall constitute a full release of liability in accordance with its terms. Each Participating party knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of these Rules and that without such waiver, Nightfood would not have accepted the entry.
Nightfood will not ship any Prize to addresses outside of the forty-eight (48) contiguous United States.
8. RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Giveaway, you agree to release and hold harmless Nightfood, and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Giveaway, and each of their respective officers, directors, employees, shareholders, representatives, and agents (together, “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt of a Prize, including, but not limited to: (a) any technical errors associated with the Giveaway, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, or wireless service provider; (b) unauthorized human intervention in the Giveaway; (c) mechanical human, printing or typographical errors; or (d) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Giveaway or acceptance, receipt or misuse of any Prize you may receive. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway.
9. PRIVACY & INFORMATION SUBMITTED
Any information you provide to Nightfood may be used to communicate with you in relation to this Giveaway, for you to get your coupon, and to keep you updated on Nightfood ice cream launch and availability.
Every email you receive from Nightfood will include a link to opt out of any future communication.
These Rules shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New York. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any Prize awarded shall be resolved by binding arbitration, without resort to any form of class action, and exclusively by the appropriate court located in New York. The parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute. Arbitration proceedings shall take place in the State of New York. Each party is responsible for paying its own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.