Tastykake® Fanatic
Sweepstakes Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OR OLDER AT THE TIME OF ENTRY. VOID IN PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS OUTSIDE THE 50 UNITED STATES, CANADA, AND WHERE RESTRICTED OR PROHIBITED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK® OR INSTAGRAM® .
1. Preliminary Information. The Tastykake® Fanatic Giveaway Sweepstakes(the "Sweepstakes") begins at Monday, August 16th at 10:00:00 am Eastern Time (“ET”), and ends on Monday, August 22nd at 11:59:59 pm ET (the “Entry Period”). Sponsor’s computer is the official time-keeping device of the Sweepstakes. The “Sponsor” of the Sweepstakes is Flowers Bakeries, LLC, 1919 Flowers Circle, Thomasville, GA 31792. The “Administrator” of the Sweepstakes is PP+K, Inc., 1102 N Florida Avenue, Tampa, FL 33602.
2. Eligibility. The Sweepstakes is open only to legal U.S. residents residing in any of the 50 United States and the District of Columbia, who are 18 years of age at time of entry. Employees, officers, directors or agents of Sponsor, Administrators, their respective affiliates, parent companies and subsidiaries, and each of their respective divisions, affiliates, contractors, subsidiaries, distributors, sales representatives, retailers, and advertising and promotion agencies (collectively, the “Sweepstakes Entities”) and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) and any others engaged in the development, production, execution or distribution of the Sweepstakes are not eligible to participate. The Sweepstakes is void in Puerto Rico, U.S. territories and possessions outside of the 50 United States, Canada and where restricted or prohibited by law.
3. Agreement to Rules: By participating, the participant (“You” or “Participant”) agrees to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements set forth in Official Rule #1 above. In addition, You agree to accept the decisions of Sponsor as final and binding as they relate to the content of this Sweepstakes. Sponsor reserves the right to modify the rules of the Sweepstakes in any way at any time, subject to state or federal law.
4. How to Enter: Take a photo or short video (hereinafter “Photo”) featuring a Tastykake® product that demonstrates the theme of “Tastykake® Fanatic,” then post the Photo on the social media channels identified below during the Entry Period; and include the designated hashtags/tags below with your post (each social media post qualifies as an “Entry”):
a. Facebook: Log in to your Facebook account and (i) post your Photo as a comment on the Tastykake® sweepstakes Facebook post at https://www.facebook.com/Tastykake along with a caption that explains why you love Tastykake® and to receive one (1) Entry.
No limit to number of unique photos and entries. By submitting an Entry, you consent to receiving direct messages and/or emails from Sponsor and/or its licensees and assignees relating to the Sweepstakes.
All terms and conditions of Facebook apply. Message and data rates may apply. Please consult your wireless service provider regarding its message and data pricing plans if you participate from a wireless phone.
Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any participation by an entry, the authorized account holder of the account used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning account for the domain associated with the submitted account. The potential winner may be required to show proof that he/she is the authorized account holder. All entries submitted become the sole property of Sponsor and will not be returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in their sole discretion.
5. Photo Entry Requirements:
a. Participants agree to and understand that the Photo entries will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Photo entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo entries.
b. The Photo must not have been submitted previously in any sweepstakes or contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
c. Each Photo and Video must be an original creation of the submitting Participant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo entry and each Photo entry must be free of any and all liens, encumbrances and claims of third parties.
d. Participant acknowledges, agrees and warrants that, nothing in the Photo entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Participant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Participant agrees to indemnify and hold harmless each of the Sweepstakes Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Participant of these Official Rules or the warranties and representations made by Participant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as Participant's original creation.
e. By submitting a Photo Entry, and to the extent allowed by law, Participant grants the Sweepstakes Entities a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, video, post, caption, and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party, whether related or unrelated to the Sweepstakes, and at any location, whether physical or online, that Sponsor, in its sole description, deems appropriate. In addition, Participant warrants that any so called "moral rights" in the Photo Entry have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Photo Entry or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Photo Entry or other materials. Participant agrees to release, defend, indemnify and hold harmless each of Sweepstakes Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which Participant or Participant's heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of Participant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by Participant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo entry and any portion thereof, or the likeness of any natural person therein.
f. Participants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo Entries.
6. Photo Entry Content Restrictions. Photo entries must not contain material that:
a. Contains or depicts someone smoking or intoxicated;
b. Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
e. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
f. References persons or organizations without their written permission;
g. Disparages any persons or organizations;
h. Includes threats to any person, place, business, or group;
i. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
7. Prizes:
One (1) Grand Prize winner chosen at random from all entries received to win year’s supply of Tastykake in the form of coupons
ARV: $100.00
Six (6) winners will be chosen from all entries received to win one (1) case of Tastykake® product
ARV: $20.00
Total Approximate Retail Value for all Prizes: $220
The prizes will be shipped to confirmed winners via UPS or a comparable carrier within 60 business days of the confirmation of a winner. The prize is non-transferable. Prizes cannot be sold, transferred or bartered in whole or in part. No prize substitution or exchange will be allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its option. The winner is solely responsible for any and all taxes on the prize, including, but not limited to all applicable federal, state and local taxes if applicable. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor shall not be held responsible for any delays in awarding a prize for any reason. Prizes will only be awarded to a winner whose eligibility is verified. Sponsor makes no representation to winner as to the fitness or suitability of the prize for any purpose, and Sponsor hereby disclaims any and all warranties, express or implied, concerning any prize.
8. Winner Selection; Notification; Odds: Product prize winners will be compensated by Administrator if submitted content is selected for use on or about Monday, August 23rd. Grand prize winners will be selected in a random drawing to be held by Administrator on or about Monday, August 23rd. Odds of winning depend on the total number of valid entries received during the Entry Period. The potential winners will be notified by Administrator by direct message on Facebook on or about Friday, August 27th. Sponsor shall have no liability for any potential winner’s failure to receive or check for direct messages or emails in a timely manner. Potential winners will be asked to respond within two (2) business days and to provide their full name, telephone number (including area code), date of birth, mail and/or email address consistent with the Entry requirements. Potential winners selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process.
Sponsor will make the final determination of identity of potential winners in its sole discretion. In the event that a winner is disqualified for any reason, Sponsor may select an alternate winner at random from the remaining participants. Receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such a case, Sponsor may select the winner from all eligible Entries received prior to and/or after (if appropriate) the action. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting with intent to annoy, abuse, threaten, or harass any other person. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void Entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Failure of any Photo entry to comply with the above "Photo Entry Requirements" and "Photo Entry Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of Participant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes, or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Photo entries shall become the exclusive property of Sponsor and will not be returned. Photo entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
10. Warranty Disclaimer and Limitation of Liability: By entering the Sweepstakes, Participant agrees to release and hold harmless Sponsor, Facebook, Instagram, Twitter, and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Your participation in the Sweepstakes and Your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; and (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.
11. Privacy Policies and Data Collection: Information provided by you for this Sweepstakes is subject to Sponsor’s privacy policy located at: https://www.tastykake.com/privacy. By entering this Sweepstakes, each Participant agrees that the Sponsor has the right to contact the Participant by phone, direct message, or email accounts provided to administer and fulfill this Sweepstakes.
12. Disputes/Governing Law: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Georgia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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, or the rights and obligations of the Participant and Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of State of Georgia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
13. Winners List/Official Rules: To view the list of winners for this Sweepstakes, to be posted on or about the end of the Entry Period, or to obtain a copy of these Official Rules, please visit __________________________.com.
14. Sponsor: Flowers Bakeries, LLC, 1919 Flowers Circle, Thomasville, GA 31757. Administrator: _____________________________________________________.
NO PURCHASE NECESSARY. The Tastykake® Fanatic Givewaway is open to residents of the 50 U.S. and DC, 18 years of age. Starts at 12:00:00 AM ET on ___/___/21 and ends on at 11:59:59 PM ET on ___/___/21. See __________________________.com for how to enter, odds and complete rules. Sponsor: Flowers Bakeries, 1919 Flowers Circle, Thomasville, GA 31757.