“JIFFY” Christmas Sweater Giveaway Official Rules

OFFICIAL RULES
Corny Christmas Sweater Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS GIVEAWAY.
A PURCHASE DOES NOT IMPROVE A PERSON’S CHANCES OF WINNING.

The Corny Christmas Sweater Giveaway (the “Giveaway”) is a game of chance sponsored by Chelsea Milling Company located at 201 W. North Street, Chelsea, MI 48118 (the “Sponsor”). The below rules are the official rules (the “Official Rules”) of the Giveaway. By participating, Entrant (defined in Section 4) acknowledges and agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

1. ELIGIBILITY. Giveaway participation is open only to eligible legal residents of the United States and the District of Columbia except where prohibited or restricted by law, who are 18 years of age or older (or the age of majority in their state) at the time of Entry (as defined in Section 4) The following individuals are not eligible to enter or win the Giveaway: Employees, agents, directors, and officers of Sponsor who are responsible for sponsoring, fulfilling, administering, advertising, or promoting the Giveaway and members of their immediate family (spouse, parents, siblings and children) regardless of where they reside or household members (whether related or not) of each such employee, agent, director, or officer.

2. GIVEAWAY ENTRY PERIOD. The Giveaway begins 09:01:01 a.m. Eastern Daylight Time (“EDT”) on October 13, 2023, and ends 08:59:59 a.m. EDT on October 19, 2023 (the “Entry Period”). All entries must be received by 8:59:59 a.m. EDT on October 19, 2023. Sponsor’s computer is the official timekeeping device for the Giveaway.

3. DRAWING DATE. The prize drawing will be held on or about October 20, 2023 (the “Drawing Date”). Potential Winner (as defined in Section 5) will be contacted after the drawing through Instagram Messenger. Entrants do not need to be present to win.

4. HOW TO ENTER. There is one (1) method of entry for the Giveaway (the “Entry”).

• ENTRANT: A person enters the Giveaway and becomes an entrant (an “Entrant”) when the person takes the following two (2) actions on Instagram (defined in Section 4(c)) with his, her, or their personal Instagram account during the Entry Period:
  • “Like” the @jiffymixes call-to-action post to enter the Giveaway (the “Post”); and
  • “Comment” on the Post with #jiffymixes_giveaway.
• NUMBER OF ENTRIES: Limit one (1) Entry per Instagram account. Entries received in excess of the above-stated limitation will be void. Automated entries are prohibited, and any use of such automated devices or programs, script, macro, or any other means which subvert the entry process will be void and will result in disqualification.
• INSTAGRAM ACCOUNT: If Entrant does not have an account on Instagram, Entrant must create one by following instructions on Instagram.com. Creating an account is free. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram, its ultimate parent, Meta Platforms, Inc., or any affiliated entities (together, “Instagram”). An Instagram account is subject to the Instagram terms and conditions.
• MOBILE DEVICE: Posting on Instagram may require a mobile device subject to the terms of the person’s wireless carrier’s network and standard data charges, if any.

5. PRIZES. The prize is one (1) human sweater and one (1) dog sweater (together, the “Prize”). There is only one (1) Prize, and there is only one (1) potential winner (the “Potential Winner”).

• PRIZE LIMITATIONS: The Prize has restricted or limited design options. Potential Winner will need to select among the design options that Sponsor offers to Potential Winner. The size options are restricted or limited to the following:
  • Human sweaters are only available in sizes XS – XXXL.
  • Dog sweaters are only available in sizes XS – XXL.
• APPROXIMATE RETAIL VALUE: The approximate retail value of the Prize is $100.00.
• NO SHIPPING OR HANDLING CHARGES: There are no shipping or handling charges associated with acceptance of the Prize.
• NO CASH SUBSTITUTION: No substitution or cash equivalent of the Prize is permitted except at Sponsor’s sole discretion.
• PRIZE ASSIGNMENT: Prizes may not be assigned or transferred to any other individual unless required by law.
• TAXES: The Winner (as defined in Section 7) is responsible for paying any and all federal, state, and local taxes or assessments, as well as filing any forms as may be required by the taxing authorities (e.g., IRS Form W-9).

6. ODDS. The odds of winning the Prize are determined by the number of entries received.

7. WINNER SELECTION; NOTIFICATION ATTEMPTS AND DISQUALIFICATION; PRIZE ACCEPTANCE CRITERITA; WINNER DISPUTES.

• WINNER SELECTION: The Potential Winner will be selected in a random drawing from all eligible entries submitted during the Entry Period. The Potential Winner will be notified through Instagram by Instagram Messenger from the account: @jiffymixes.
• NOTIFICATION ATTEMPTS AND DISQUALIFICATION: The Potential Winner will be notified from @jiffymixes three (3) times within a seven (7) calendar day period. If the Potential Winner does not (i) respond to @jiffymixes to claim the Prize within the seven (7) calendar day period starting from the first notification message, (ii) declines the Prize, or (iii) fails to complete the steps described in Section 7(c), then the Potential Winner will be disqualified and an alternate Potential Winner will be selected at random from among the remaining eligible entries received during the Entry Period. If after three (3) Potential Winners have been selected and disqualified, Sponsor, in its sole discretion, may cancel the Giveaway and any further Potential Winner drawings.
• PRIZE ACCEPTANCE CRITERIA: The Potential Winner will become the winner (the “Winner”) when: (i) the Potential Winner responds to the Instagram message within seven (7) calendar days after Sponsor sends the first notification
  message, (ii) the Potential Winner completes and returns an eligibility affidavit to Sponsor and any additional information requests to Sponsor’s satisfaction within forty-eight (48) hours after Sponsor sends the eligibility affidavit to the Potential Winner, and (iii) the Potential Winner meets the eligibility criteria in Section 1 and is not otherwise disqualified to win the Prize in Sponsor’s sole discretion.
• WINNER DISPUTES: In the event of a dispute concerning the identity of an Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the Instagram account. If there are multiple authorized holders of an Instagram account, then the Entry will be deemed submitted by the natural person who created the Instagram account.

8. GIVEAWAY MODIFICATION, TAMPERING, AND INAPPROPRIATE CONTENT. If for any reason the Giveaway cannot run as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, and/or suspend the Giveaway and to disqualify any individual who tampers with the entry process, violates these Official Rules, acts in a disruptive manner, or posts any inappropriate content on or related to the Post through comments, tags, shares, or otherwise. Any attempt by an Entrant to undermine the legitimate operation of the Giveaway or post, upload, tag, or share inappropriate content, in Sponsor’s sole discretion, may be in violation of criminal and/or civil laws, and, should such an attempt be made, Sponsor reserves the right to seek remedies and damages, including attorneys’ fees, from any such Entrant to the fullest extent of the law including criminal prosecution. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant that it determines tampered with the Giveaway, violated these Official Rules, acted in a disruptive manner, or posts any inappropriate content related to the Giveaway. For purposes of this Section 8, “Inappropriate content” includes without limitation:

• Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• Brand names or trademarks other than Sponsor’s mark;
• Indecent or unsafe behavior or situations, profanities or material that is harmful, abusive, vulgar, sexually explicit, inappropriate, indecent, obscene hateful, tortuous, defamatory, slanderous or libelous or, in a reasonable person’s view, otherwise offensive or objectionable;
• Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• Material that disparages any person or organization;
• Material that references persons or organizations without their written permission;
• Material that is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
• Anything that is determined to damage or diminish the goodwill of Sponsor, as determined by Sponsor in its sole discretion; and
• Any violation of the Instagram terms and conditions.

9. GIVEAWAY PUBLICITY RIGHTS. Where permitted by law, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents, and licensees, the unconditional and perpetual right to use Entrant’s name, likeness, photograph, voice, opinions, statements, and/or hometown and state in connection with the Giveaway, and Entrant expressly waives any intellectual property rights, privacy/publicity rights, or other legal or moral rights related thereto.

10. RULES REQUESTS AND LIST OF WINNERS. For a copy of the Official Rules or to request a list of winners, send a self-addressed envelope to: Chelsea Milling Company located at 201 W. North Street, P.O. Box 460, Chelsea, MI 48118. The winners list will be available following the Winner’s Prize acceptance and up to one (1) year thereafter.

11. PRIVACY NOTICE. Personal information will be collected during the Giveaway, and the Entrant consents to the collection, use, and disclosure of such information with an Entry into the Giveaway. Personal information may be used or disclosed by Sponsor as stated in these Official Rules for purposes of Giveaway administration, Potential Winner identification and qualification, Potential Winner notification and Prize award, winner lists, and otherwise as described in Sponsor’s privacy policy located at https://www.jiffymix.com/privacy-statement/.

12. WARRANTY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE GIVEAWAY AND PRIZE ARE PROVIDED “AS IS” AND WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

13. LIMITATION OF LIABILITY; INDEMNIFICATION. Entrant covenants and agrees to release, discharge, indemnify, and hold harmless Sponsor and all related parties, and its respective affiliates, legal representatives, officers, directors, employees, agents, assigns, licensees, third-party partner organizations, and Instagram and each of them (collectively, the “Giveaway Parties”), from and against any and all actions, claims, proceedings, lawsuits, damages, expenses, costs (including reasonable attorneys’ fees, experts’ fees, and court costs), injuries (including death, personal injury, or property damage), and liabilities (including settlements) brought or asserted by any Entrant or any third party against any of the Giveaway Parties relating to or arising out of the Entry, Prize, or the Giveaway, including, but not limited to, claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or privacy, or defamation and any damages whatsoever, including, but not limited to, direct, indirect, special, incidental, punitive, or consequential damages. In no event shall the Giveaway Parties be liable for any amounts above the actual out-of-pocket costs for entering or attempting to enter the Giveaway.

14. TECHNOLOGICAL ISSUES RELATED TO THE GIVEAWAY. No liability or responsibility is assumed by the Giveaway Parties resulting from any Entrant’s or person’s participation in or attempt to participate in the Giveaway or ability or inability to complete the steps to enter the Giveaway or accept and possess the Prize. No responsibility or liability is assumed by the Giveaway Parties for technical problems or technical malfunctions arising in connection with any of the following occurrences which may affect the operation of the Giveaway: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity or other online communication problems; errors or limitations of any Internet or carrier network service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any Instagram post, like, comment, or message to be sent or received; lost, late, delayed, or intercepted Instagram posts, likes, comments, or messages; inaccessibility of Instagram in whole or in part for any reason; traffic congestion on the Internet, carrier network, or Instagram; unauthorized human or non-human intervention of the operation of the Giveaway, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Giveaway, or loss,
unavailability of an Instagram account used in connection with the Giveaway. The Giveaway Parties are not responsible for any typographical errors in the announcement of Prize or these Official Rules, or any inaccurate or incorrect data contained on the Post or Instagram Message. Use of Instagram is at Entrant’s or person’s own risk. The Giveaway Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to Entrant’s, person’s, or any other person’s computer equipment resulting from participation in the Giveaway, use of Instagram or Instagram Messenger, or the download of any information from the Instagram related to the Giveaway. Giveaway Parties are not responsible for fake or imitation @jiffymixes accounts or the action or inaction of fake or imitation account holder.

15. CHOICE OF LAW. The Giveaway is subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant, and the Giveaway Parties in connection with the Giveaway shall be governed by, and construed in accordance with, the substantive laws of the State of Michigan, USA, without giving effect to any choice or conflict of law provisions or rule (whether of the State of Michigan or other jurisdiction).

16. SEVERABILITY. If any of the provisions of the Official Rules is deemed invalid, void, or for any reason unenforceable, that provision is severable and shall not affect the validity and enforceability of any remaining provision(s).

17. WAIVER. Waiver of rights for one provision under the Official Rules does not constitute a waiver of rights for any other provision.

18. CLASS ACTION WAIVER AND JURY WAIVER. THE ENTRANT AND SPONSOR EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN THE ENTRANT AND SPONSOR THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL BE VOID AS TO THE ENTRANT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE ENTRANT AND SPONSOR EACH WAIVE ANY RIGHT TO A JURY TRIAL AND CONSENT TO THE JURISDICTION OF THE COURTS AND LAWS OF THE STATE OF MICHIGAN.

19. DISPUTES; ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT ENTRANT MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE GIVEAWAY.

• BINDING ARBITRATION: This provision is intended to be interpreted broadly to encompass all disputes, claims or controversies (regardless of legal theory or source of law issue) arising out of or relating to the Giveaway or participation in the Giveaway. Any dispute or claim arising out of or relating to the Giveaway (whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory) will be resolved by binding arbitration, except that either the Entrant or Sponsor may take claims to small claims court if the claims or demands qualify for hearing by such a court.
• ARBITRATION PROCEDURES: For all disputes, whether pursued in court or arbitration, the Entrant must first send a written description of the claim to the Sponsor at 201 W. North Street, P.O. Box 460, Chelsea, MI 48118 to allow Sponsor an opportunity to work with the Entrant to resolve the dispute. The Entrant and Sponsor each agree to negotiate the claim in good faith. The Entrant may request arbitration if the claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted by, and in accordance with, the rules of the American Arbitration Association (the “AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by the
  Giveaway. The AAA rules and information about arbitration and fees are available online at www.adr.org.
• ARBITRATION PROVISIONS: The Entrant and Sponsor agree that the Giveaway evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Any arbitration will be held in Washtenaw County, Michigan or, if mutually agreed, virtually. The arbitration will be conducted in the English language. There shall be three (3) arbitrators selected from the AAA’s list of approved arbitrators, agreed to by the parties within thirty (30) days of receipt by respondent of the request for arbitration or, in default of such agreement, by the AAA. Each party shall bear the portion of any deposit, advance, or other expense as determined by the arbitrator. The Entrant and Sponsor agree that discovery will be limited to be cost-effective and proportionate to the claim, and that the cost of discovery shall be borne by the party requesting such discovery.
• RELIEF AND AWARDS: Except as provided below, the arbitrators may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy the individual claim, and must follow and enforce the Giveaway as a court would. NOTWITHSTANDING THE FOREGOING, THE ARBITRATORS SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR LIQUIDATED DAMAGES OF ANY KIND. The award rendered by the arbitrators shall be final, non-reviewable, and binding on the parties. A judgment on any arbitration award may be entered in any court having proper jurisdiction.
• STATUTE OF LIMITATIONS: Any and all causes of action must be initiated no later than six (6) months from the Drawing Date.
• CONFIDENTIALITY: Any arbitration shall be confidential, and neither the Entrant nor the Sponsor may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

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