NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Participation constitutes Participants’ full and unconditional agreement to and acceptance of these Official Rules. The 4th Annual Love’s Spirit of Giving promotion (the “Contest”) begins at 9:00 a.m. Pacific Standard Time (“PST”) on July 8, 2024 and ends at 11:59 p.m. PST on June 30, 2025 (“Contest Period”). The Contest is sponsored by United States Bakery, dba Franz Family Bakeries, 315 NE 10th Street, Portland, OR, 97232 (the “Sponsor”).
ELIGIBILITY: The Contest is open to “Nominators” (participants who complete the Submission) and “Nominees” (participants who are the subject matter of the Submission, and together with Nominators, the “Participants”). Nominators must be (a) legal U.S. residents and (b) 18 years of age or older as of the date of Submission. Nominees must be a 501(c)(3) nonprofit organization with headquarters located in State of Hawaii. Employees, officers and representatives of Sponsor, Love’s Holding Company and Hawaii Foodservice Alliance, and their parents, affiliates, subsidiaries, agents, advertising and promotion agencies, their immediate family members (parents, children, siblings and spouses) and persons living in the same household (whether related or not), are not eligible to participate in the Contest as either a Nominator or Nominee. Void where prohibited by law.
TIMING: The Contest Period consists of a submission phase (the “Submission Phase”) and a judging phase (the “Judging Phase”) as set follows: Submission Phase: July 8, 2024 at 9:00 a.m. PST through August 11, 2024 at 11:59 p.m., PST. Judging Phase: August 12, 2024 at 9:00 a.m. PST through June 30, 2025 at 5:00 p.m. PST.
HOW TO ENTER: During the Submission Period, Nominators may nominate an eligible Nominee that they believe is in need and deserving of being a Contest winner. Nominators must visit the entry page at www.LovesBakery.com and complete all requested information on the entry form which will include some questions about their Nominee. Nominators must also submit an essay that illustrates why they chose this Nominee in the “Spirit of Giving”. Completion of the foregoing constitutes a “Submission.” Once submitted, the Submission, cannot be deleted, canceled or modified. LIMIT one (1) Submission per Nominator, per email address. All Submissions must be received by the end of the Submission Phase. Any violation or attempt to violate this restriction may cause Sponsor to disqualify all affected Submissions. Incomplete Submissions, or those containing incorrect information or those which do not follow the Official Rules will be voided. Proof of sending a Submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, all Participants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. By entering this Contest, Participants agree that each Submission becomes the property of Sponsor and that the Sponsor may use such Submission for any proper purpose, including, without limitation, for Sponsor’s advertising/promotional purposes. Any personally identifiable information collected during the Contest will be collected by Sponsor and used by Sponsor, its respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and shall be used by Sponsor to provide Participants with promotional offers and product information.
SUBMISSION GUIDELINES: Essay portions of Submissions must not exceed 100 (one hundred) words and must be in English. The Submission must be the original work of the Nominator who entered, created and uploaded the Submission. By entering a Submission, each Nominator guarantees that he or she is the author and copyright holder of the Submission and that all content described in the Submission is truthful and accurate. The Nominator must also guarantee that they have obtained permission and rights to use any content in the Submission that identifies the Nominee as well as the Nominee’s employees or volunteer staff. Sponsor will not assist any Nominator with the development or creation of a Submission. In addition, by entering, each Participant represents and warrants that the Submission (i) does not infringe any other person’s or entity’s rights; and (ii) has not been submitted previously in a Contest of any kind. Additionally, Participant represents and warrants that he or she will not have and will not acquire any trademark rights, copyrights, or any other rights in or to Sponsor’s trademarks, trade names, logos or other intellectual property. Sponsor specifically reserves all its rights to protect its intellectual property against any infringement or other illegal or improper use. The Sponsor, in its sole discretion, may remove a Submission and disqualify any Participant from the Contest if it believes that the Submission fails to conform to these Official Rules. Submissions may not contain any of the following: (i) content which includes or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Participant; (ii) content which may be inappropriate for a general audience; (iii) content which is derogatory to Sponsor, or any affiliated entity or person; or (iv) content which does not comport with these Official Rules. Sponsor further reserves the right, in its sole and unfettered discretion, to disqualify and remove any Submission which does not comply with any requirement of the Contest.
JUDGING PHASE: All Submissions will be reviewed by a qualified panel of judges, selected by the Sponsor, to ensure that they comply with the Submission guidelines outlined in these Official Rules. The judging panel will include representatives from Sponsor, Love’s Holding Company and Hawaii Foodservice Alliance. Judges will evaluate all eligible Submissions based on the following objective criteria: (i) 30% on individuality/uniqueness, (ii) 30% on inspirational and (iii) 40% on compelling. The odds of winning depend on the number of valid Submissions received and the quality of the Submissions. The decisions of Sponsor and the judges will be final and legally binding as they pertain to this Contest and may not be appealed.
CONDITIONS: Entry of a Submission in this Contest constitutes Participant’s irrevocable assignment, conveyance, and transference to Sponsor of all right, title, and interest in the Submission, including, without limitation, all copyrights. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected Submissions, which are void.
PRIZES: The judges will select one or more Contest winners, and will allocate the $75,000 total prize pool among the Contest winners, in the judges’ sole discretion based on the relative quality of the winners’ Submissions. No fixed number of Contest winners will be chosen, and the total prize pool may not be allocated evenly among all Contest winners. The decisions of Sponsor and the judges will be final and legally binding as they pertain to this Contest and may not be appealed.
PRIZE VERIFICATION & CONDITIONS: Each Nominator that completed a Submission chosen as a Contest winner will be notified by email and/or telephone within three (3) days after the potential winner(s) are selected. Additional information will be requested from Nominator at that time in order to contact the Nominees. By accepting a prize, each winner agrees to release the Sponsor from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. All local, state and federal taxes are solely the responsibility of winners. No substitution or transfer of prize or election of cash in lieu of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value in the event that the prize (or any component thereof) is not available. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winners fails to return any required document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue.
GENERAL: By accepting a prize, where permitted by law, winners grant to the Sponsor its parent, subsidiaries and related companies, and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL SPONSOR, LOVE’S HOLDING COMPANY, HAWAII FOODSERVICE ALLIANCE, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, PRIZE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
INTERNET LIMITATIONS OF LIABILITY: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer relating to or resulting from participation in the Contest or downloading any materials in the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of Submission. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
USE OF DATA: Sponsor will be collecting personal data about Participants including e-mail addresses from entry forms in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy at the following link: http://franzbakery.com/privacy. By participating in the Contest and providing an e-mail address, Participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
DISPUTES: Except where prohibited, Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, all rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
000632\09000\13587205v1
