DIGITAL SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN ANY OF THE Splendid Spoon, Inc. (d/b/a Splendid Spoon®) SOCIAL MEDIA GIVEAWAY/SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.
Eligibility: Open to all lower US states. Must be 18+ to enter. Void where prohibited or restricted by law. Entry submission constitutes your unconditional acceptance to these Official Rules.
This Promotion is in no way sponsored, endorsed, or administered by, or in association with, Facebook, Meta, Twitter or Instagram (“Platform(s)”). Entries must comply with each applicable Platform’s terms & conditions and community guidelines, as applicable. Entrants must have a Platform account, as applicable, and be logged into their account to enter. Platform accounts are free. Entrants must have their social media profile settings as PUBLIC to submit an Entry. If Entrant’s social media account is set to “private mode,” Entries may not be received by Sponsor.
Conditions: Multiple entries are permitted during the Promotion Period and will increase your chances of winning. Incomplete Entries or Entries submitted by Entrants who do not meet the eligibility requirements will be void. Each Entry must be manually entered by the individual Entrant; use of automated technology or similar devices are prohibited. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
By participating, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged, illegible, inaccurate or undelivered entries; or for any other mechanical, technical or human error of any type whatsoever. Sponsor reserves the right, in its sole discretion, to void any Entries or Entrants and disqualify such Entrants whom Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion and/or who are in violation of these Official Rules.
DRAWING AND NOTIFICATION: The potential Winner will be selected in a random drawing from among all eligible entries received by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted in accordance with the rules of each particular Sweepstakes. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Sweepstakes period (as defined in the rules of each particular Sweepstakes). The potential Prize Winner will be contacted by the Sponsor (or Administrator) in the manner stated in the rules of each particular Sweepstakes.
User Content and Material: We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #SplendidSpoon @splendid.spoon or any other Splendid Spoon related or promoted hashtag or properties (collectively “User Content”) shall be deemed nonconfidential and nonproprietary.
By submitting or posting any User Content, you grant to Splendid Spoon and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to this Agreement or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Splendid Spoon will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Splendid Spoon shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Splendid Spoon retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Splendid Spoon, you will furnish Splendid Spoon any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You are solely responsible for the User Content and you hereby agree to indemnify and hold Splendid Spoon and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. In states where your obligation to indemnify and hold harmless may be limited, such as New Jersey, you agree to indemnify and hold harmless Splendid Spoon to the maximum extent of the law.
Splendid Spoon does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Splendid Spoon and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Splendid Spoon or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Splendid Spoon has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Splendid Spoon acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Splendid Spoon becomes aware of any User Content that allegedly may not conform to these Terms, Splendid Spoon may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Splendid Spoon has no liability or responsibility to you for performance or nonperformance of such activities.
SPLENDID SPOON HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST SPLENDID SPOON FOR SUCH REMOVAL AND/OR DELETION. SPLENDID SPOON IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
Dispute Resolution Provisions: In the event of any dispute, controversy or claim arising out of or relating to the Splendid Spoon Offerings or this Agreement, or the breach of this Agreement by any party hereto: (a) each of you and Splendid Spoon agree to submit such dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Splendid Spoon or the Splendid Spoon Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Splendid Spoon incurs in seeking such relief. This provision prevents you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, this Agreement as provided hereunder.